Tips for Writing Planning Objection Letters: Effective Strategies for Making Your Voice Heard
Updated: 24 June 2024
Introduction:
Wherever you are in Australia, if there's a development you're unhappy with that's currently undergoing the planning permit process, you often have the chance to voice your objections, even if you don't live right next door.
If you're considering objecting to a planning permit that's currently being advertised but unsure of how to proceed, this blog post provides you with some useful tips for drafting your own objection.
Understand the Planning Proposal:
Before you begin drafting your objection, it's crucial to understand the proposal thoroughly.
Start by reading the planning report that accompanies the application.
This document provides an overview of the proposal, relevant sections of the planning scheme, and other supporting materials. Although these reports can be lengthy, persevere and read it thoroughly. Remember, the motivation of the planner preparing the report is to advocate for the application's approval, so read the report with a critical eye. A well-prepared planning report should highlight where the proposal aligns with or diverges from the objectives, policies, and strategies outlined in the planning scheme or other council documents and explain reasons for any deviations and makes a case for approval.
Not every aspect of the planning scheme needs to be met unless it's a mandatory requirement; decisions are typically based on the overall merits of the proposal and a good planning decision will balance the pros and cons of the proposal against whether it meets some or all the required matters in the planning scheme.
If the application does not include a planning report, you’ll just need to work a bit harder to delve into relevant parts of the planning scheme and assess how the proposal fits (or not) within it.
Next, carefully review any architectural plans provided.
While they can be daunting if you're not familiar, use online resources to decipher abbreviations. Focus on key details such as proposed parking spaces (including disabled spaces), building height, and the positioning of upper-floor windows, especially in relation to neighbouring properties.
If available, examine the traffic report.
Larger developments usually include this document. Look out for information on how much additional car parking is proposed and how the increased traffic generated will impact the surrounding area.
While we recommend a thorough review of all documents, if time is limited, start with these three documents. Always keep the planning scheme handy for cross-referencing sections mentioned in these reports. This approach will equip you to with a thorough understanding of the proposal.
How to start your letter
Help the planning officer at Council, he or she will have multiple applications to go through throughout the day. Many of us in the Submittee team have worked at a Council at some point and can say that without a doubt a letter that is clear in its introduction puts you in better stead.
Begin by providing essential information concisely: your name, address, the application details (including the address and planning/development application number), and clearly outline the reasons for your objection. This approach helps streamline the process and ensures your concerns are effectively communicated.
For example:
[address of the Council]
[date]
Re: Objection to 345 Howlett Drive, Collingwood (planning application number PL2356)
I Jane Smith live at 343 Howlett Drive. I am writing to object to the proposed development at 345 Howlett Drive (planning application number PL2356). I reside opposite the development and object on the following basis:
Non-compliance with the objectives of the zone.
The increased traffic is incompatible with the quiet nature of the precinct
The proposal does not respect the neighbourhood character
Use headings, be clear, concise and specific
This tip focuses on improving readability. As mentioned earlier, planning officers handle multiple applications daily. To make your objection stand out, use headings that align with the key points listed in your introduction.
The planning officer must weigh your objection against relevant aspects of the planning scheme. Therefore, aim to keep emotions and lengthy sentences out of your letter unless essential. A practical approach we recommend is starting each section with a clear statement indicating how the proposal fails to comply with specific parts of the planning scheme or related strategies. This method effectively grabs the planning officer's attention and enhances the clarity of your objection.
For example:
Non-compliance with the objectives of the zone.
The proposal does not meet the purpose of the Neighbourhood Residential Zone, which specifically seeks to ensure that a development for a multi storey apartment is avoided.
[elaborate on why the proposal does not meet the objectives of the zone]
The increased traffic is incompatible with the quiet nature of the precinct
The proposal contradicts Clause 52.06 – 5.
[elaborate on why the proposal contradicts this clause]
Cite the relevant objectives, policies and clauses in the planning scheme
Make an effort to pinpoint the specific parts of the planning scheme that the proposal fails to comply with.
The strongest objections will clearly state where the proposal deviates and present a compelling case for why these issues warrant refusal. Familiarising yourself with the planning scheme may require some time and effort, but it's worth it. A well-reasoned objection of this nature carries more credibility than one focused on potential property value impacts if the proposal is approved.
Check if there are any other planning strategies that relate to the proposal
Sometimes a Council will prepare a strategic policy document which does not sit within the planning scheme itself. They may prepare strategies on various different topics, the key aim of these documents is to provide Council with guiding principles on said topic and is read in conjunction with the planning scheme.
Your best bet is to google, “ [name of council] strategic planning policy”
For example:
A quick google search shows us that Whitehorse City Council have multiple strategic planning policies that can be used to justify your objection letter. The hard part is reading through it!
Some planning strategies Councils may have that does not sit within the planning scheme could include, neighbourhood character strategies, active transport strategies, tree retention strategies, car parking strategies etc. You must critically read these documents and assess whether or not the proposal you are objecting to contradicts any of their objectives.
Use case-law
This is optional, but you can use caselaw to make a stronger point.
In this context, case-law refers to reviewing previous Tribunal decisions where similar proposals were rejected. By drawing comparisons between these precedents and the current development you're objecting to, you're essentially telling the planning officer not to approve the application. If a similar proposal in a comparable zone was previously refused at the Tribunal, it strengthens your argument against approving this one.
Here is an extract of case-law we’ve used in some of our planning objection letters:
The Town Planning Report states that the development site is within the Urban Footprint under the South East Queensland Regional Plan and that the development would advance the outcome of this Regional Plan.
I contend that assertion. In Stockland v Sunshine Coast Regional Council [2014] QPELR 52, Rackemann DCJ considered a similar point and concluded:
“At first blush it might appear that the ‘Urban Footprint’ designation …does not go so far as to warrant that all land within the Urban Footprint will be suitable for, or given over to, urban development or will be so developed at any particular point within the planning horizon of the Regional Plan. Such matters are left to the planning scheme…”.
This means that, while the Urban Footprint is to accommodate urban growth, the Urban Footprint is not an urban zone and does not imply that all land can be developed for urban purposes.
You can search for case-law via this website https://www.austlii.edu.au/
Use images to make a point
A picture speaks volumes in objections and can create a more visceral reaction. Rather than solely describing the issue in words, consider illustrating it visually.
You can annotate drawings included in the application or create a basic plan using tools like Google Maps. You don’t need to be proficient in Photoshop; even tools like PowerPoint can suffice for marking up drawings effectively. This visual approach can significantly enhance the clarity and impact of your objection.
For example, the illustration below shows very clearly that the amount of open space is significantly reduced and therefore does not meet neighbourhood character standards in this particular Council area. It was created by adding in different colours on PowerPoint.
Provide solutions and alternatives
When stating your objections, consider proposing solutions or alternative suggestions that you could live with if the development is approved.
This proactive stance shows your readiness to collaborate in the decision-making process and seek solutions that benefit all parties involved. Even if the development you're objecting to is ultimately approved, keeping options open to influence the outcome positively is crucial.
Don’t forget to review and re-review your letter
Before finalising your objection letter, review and edit it for clarity, grammar, and coherence. Ensure your points are well-articulated and the letter is error-free. A well-polished objection letter will make a stronger impression.
Conclusion:
Writing a well-crafted planning objection letter requires careful thought, research, and effective communication. By implementing the tips provided in this blog post and incorporating relevant keywords, you can optimise your objection letters and ensure your concerns are effectively conveyed. Remember, your objection letter is a powerful tool in influencing the decision-making process and protecting your community's interests. Use it wisely, and let your voice be heard.
Submittee offers support in objecting to all manner of planning applications. If you would like to consult with the services of an expert, our fee for planning objection letters start at of $479 (inc GST) depending on the complexity of the objection.
