How to object to Planning Applications on Highway and Transport Grounds: A Comprehensive Guide

Introduction

Individuals, residents' groups, and organisations are frequently concerned about the transport and highway impacts that they fear will result from development proposals in their area.

In this Briefing Post, we explain how, and when, to object to planning applications on transport and highway grounds.

Our Experience & Expertise

We provide expert transport planning and engineering advice to private and public sector clients involved in planning and development.

We act for a wide range of clients on all sides of the planning debate, including landowners, developers, public authorities, and objectors.

While the majority of our work opposing development proposals involves appearing as an Expert Witness for local planning authorities that have refused planning permission on highway grounds contrary to officer recommendations, we also act for residents' groups and commercial organisations at the planning application and appeal stages.

Many consultants will not act for objectors for fear of losing their developer clients. We take a different approach and believe that the overall quality of planning decisions is improved when all parties involved in the planning decision have access to expert advice.

Irrespective of who our client is and what they might like us to say, we always provide our true and professional opinion. Any advice we provide can be defended under cross-examination if necessary.

Understanding the Planning Process

When objecting to a planning application on transport and highway grounds it is important first to understand how the planning system works.

Planning applications in the UK are typically submitted to the local planning authority (LPA). The LPA is responsible for assessing applications against local and national planning policies, as well as considering public comments and objections.

Planning law requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.

What is a "Local Planning Authority (LPA)"?

The LPA is responsible for determining most, but not all, types of planning applications within the geographical area that they are responsible for.

LPAs are typically:

• Borough Councils

• District Councils

• City Councils

• Unitary Authorities

• Metropolitan District/Borough Councils

• London Borough Councils

• National Park Authorities

What is the "Development Plan"?

The "development plan" for an area comprises adopted local plans, neighbourhood plans that have been officially adopted, and published spatial development strategies.

What is a "Local Plan"?

Local Plans are central to the planning system and are the primary factor in determining planning applications.

A Local Plan is created by the LPA in collaboration with the community.

Each LPA is responsible for preparing a Local Plan for its jurisdiction.

The Local Plan must align with the government's National Planning Policy Framework (NPPF) and contribute to sustainable development.

The Local Plan directs decisions on future development proposals. It not only assesses the overall need for various types of development (such as the number of houses, retail, and employment spaces) but also designates areas for development and establishes the framework for making decisions on individual planning applications.

Engaging actively with public consultations during the development of a Local Plan is crucial.

We have a dedicated Briefing Post addressing this topic:

"Why it is crucial to object to Local Plan allocations before adoption: a focus on highway & transport issues"

The earlier you participate in the Local Plan process, the more influence you can have on proposed developments in your area.

What are "material considerations"?

A material consideration refers to a factor that should be considered when deciding on a planning application or an appeal against a planning decision.

The scope of what can be regarded as a material consideration is extensive.

Whether a specific issue qualifies as a material consideration depends on the case's circumstances. It is up to the decision maker to determine the significance of each material consideration.

The level of local opposition to a planning application is not a material planning consideration by itself, but if the objections involve material planning issues, these should be considered by the decision maker.

The Role of the Local Highway Authority

As part of the decision-making process the LPA will normally consult the Local Highway Authority (LHA). The LHA's "consultation response" will often be an important factor in the LPA's final decision on a planning application.

If the application site is close to a trunk road or motorway then the LPA may also consult the relevant highway authority (ie National Highways, Transport Scotland or the Welsh Government).

When and How to Object to a Planning Application

Objections to planning applications should normally be made during the formal consultation period. The formal consultation period normally last 21 days and starts soon after an application has been received and validated by the LPA.

During this time period the LPA invites comments from the public, statutory consultees (including the LHA) and other interested parties.

Comments should be submitted directly to the LPA following whatever procedure they adopt. Very often the LPA will have an online form for the public to complete with the option to attach documents.

We suggest that you should submit a well written objection that clearly, and concisely, presents your objection on each of your areas of concern.

We can prepare an objection on your behalf.

This adds credibility to the objection and ensures that all relevant issues have been properly covered.

Key Transport and Highway Grounds for Objection

The key transport and highway grounds for objection are likely to be:

• Scope & Quality of the Information Submitted in Support of the Planning Application

We suggest that you should critically review any information submitted by the applicant in support of the planning application. This may include:

• a Transport Statement (see here for more information Transport Statements)

  
  

• a Transport Assessment (see here for more information Transport Assessments)

  
  

• a Travel Plan (see here for more information Travel Plans)

The transport and highway information submitted in support of a planning application can be extensive, and include complex computer modelling. It is not always easy to identify those areas where the applicants' submission is deficient.

We can help you review the application and identify the key issues so please Contact Us if you would like to take advantage of our discounted fee for this service.

• Accessibility & Connectivity

A fundamental objective of the planning system is to deliver sustainable development. In transport terms this means locating development so as to reduce the overall need to travel, and offering a genuine choice of sustainable transport modes.

Is the proposed development easily accessible by foot, cycle and public transport, or will it create a car dependent development?

If the development is not easily accessible by sustainable modes of travel then you should explain your concerns, in detail, drawing on your local knowledge.

Information is available on what are normally considered acceptable walking and cycling distances for different types of development/journey purpose.

Public transport accessibility should be considered. Public transport accessibility level (PTAL) data is available in Greater London.

• Highway safety

Highway safety is a critical consideration in planning applications.

Development can be refused on highways grounds if there would be an unacceptable impact on highway safety. It is up to the decision maker to decide what constitutes "an unacceptable impact" in the context of each case.

Issues to consider include:

• poor visibility and geometry at junctions (perhaps exacerbated by capacity problems)

• increased risk of accidents due to higher traffic volumes leading to worsening congestion and queues

• poor facilities for vulnerable road users thereby putting pedestrians and cyclists at increased risk of accidents. If the proposed development will increase traffic on a route close to a school then mention this.

• Traffic Impacts

Will the proposed development lead to increased traffic and congestion on the local highway network?

Are there already capacity problems on the highway network in the vicinity of the site?

Will the proposed development exacerbate existing traffic congestion and air quality issues?

Is the applicant proposing any "mitigation measures" to try and minimise the impact of development generated traffic?

If so, will they be effective?

• Parking Issues

Does the overall level of parking comply with local parking standards (normally included as part of a Local Plan)?

If not, why not?

Will the proposed development create, or exacerbate, parking problems in the vicinity of the site?

Is the applicant relying on on-street car parking?

If so, have they undertaken parking surveys to demonstrate that this will be acceptable?

Will the proposed development generate goods/commercial vehicle traffic?

Are the delivery and loading/unloading arrangements satisfactory?

Inadequate, or poorly planned, parking and service areas can result in congestion and safety issues, particularly if these activities are displaced onto the public highway.

• Policy Review

We suggest that you should review the development proposals and their transport and traffic impacts against relevant Local and National policy documents and guidance. Highlight those areas where the development proposals conflict with the relevant policies and guidance.

We suggest that you should also explain how the concerns that you have identified are supported by the policy background against which the application should be determined.

How to Present Your Objection

Your objection should normally be submitted as a written statement or letter. This should have a clear, logical, structure. Emphasise your main areas of concern.

Each of your concerns should be clearly explained. If you have evidence to support your objection (eg a specialist report, photographs etc) then this should be included.

If possible tie each of your areas of objection back in to Policy.

For example, if you think the proposed development will:

• cause highway safety problems then refer to the National and Local Policies that seek to protect highway safety.

  
  

• cause or worsen parking problems then refer to the Local Plan policies that require development proposals to provide adequate parking to meet their needs.

Contact us for professional advice

It is often difficult for objectors to identify those areas of concern that are most likely to influence the decision maker.

This is particularly the case with applications supported by large, technical. expert reports that sometimes seem to have been prepared to make it difficult for the layperson to understand them.

If you would like us to help you then do please Contact Us