John Howe & Co

A West Yorkshire property lawyer has warned that plans to give people more power over what can be developed in their neighbourhood could be a double-edged sword.

The words of caution have come from John Howe, a partner at Pudsey-based John Howe and Co.

This follows the levelling-up agenda including the possibility of residents being given much more say in local planning strategies and decisions.

It is proposed that neighbours should be allowed to vote on the style of extensions, new homes and renovations taking place in their immediate surrounding area.

If the proposals become law, households also will be able to decide if more loft conversions and conservatories can be built in their neighbourhood without the need for full planning permission.

These sweeping changes were first unveiled in the levelling up white paper published earlier this year and now the ‘street votes’ idea has formed part of the recent Queen’s Speech.

This would involve 20 percent of residents or ten homeowners, whichever figure is higher, having the right to ask their local council to hold a referendum on a design code for their street.

The code could encompass decisions on the size, height and style of new homes and what homeowners could add as extensions. It would require the support of at least 60 percent of residents to trigger automatic planning permission for new homes and extensions.

The rationale behind the mooted planning rule change is to encourage households to make home improvements and increase the value of their homes.

John Howe said: “This boost to people power could be a double-edged sword. On the one hand it could overcome unpopular local planning restrictions, but on the other it could ignite feuds and bad feeling among neighbours.

“With the current planning system, decisions are made by councils based on unbiased advice from planning officers or in line with non-partisan guidelines determined for the overall or greater good of an area, often looking at the much bigger picture for a whole village, town, borough or city.

“While local people currently can object to a planning application, they have no automatic right to dictate what can and can’t be developed in their neighbourhood.

“Just because a two-thirds majority of people back the adoption of a new planning code will not necessarily mean it is right for an area.

“Also, will this boost to people power lead to more householders with a Not in My Back Yard (NIMBY) or Build Absolutely Nothing Anywhere Near Anything (BANANA) mindset coming out of the woodwork?

“There is a long way to go before this becomes entrenched in law and it will be interesting to see what people’s reactions are as it is scrutinised during the parliamentary process.”

ENDS

NEWS RELEASE: ISSUED ON BEHALF OF John Howe & Co

CONTACT: Caroline Walker on 01325 363436

Notes to editors:

Established in 1994, John Howe & Co is a specialist and independent firm of solicitors. We offer a comprehensive range of legal advisory services to private individuals and businesses across many diverse sectors.