Episode 2 Permission Impossible: Britain's Planners

Planning battles are raging across Britain.

-I love the countryside.

-So do I, mate, so leave it alone.

I don't have time for NIMBYs.

No to the student village!

In a drive to boost the economy,

the government has relaxed the planning laws.

Here we are with a massive planning application.

It is a big project.

You're talking about 270 million of economic benefit.

I mean, we like to see enterprise, but not on our doorstep.

So developers are cashing in.

Of course I'm here to make a buck.

Guilty as charged.

Objectors are going to war.

It's not morally right, it's not socially right.

Disgusting.

And I'm not having that they were frightened of a bunch of pensioners.

Deciding who wins are Britain's planners.

I can't sit on the fence. It's not a fence, it's railings, basically.

Tonight, a father makes the ultimate sacrifice to stop a development.

The farmers don't want it, the neighbours don't want it.

James would lay down in front of the first bulldozer that came along.

Yeah.

A new build spoils the view for a Cotswold resident.

Is this serious? It's just like a Colditz watchtower

that I've got to go to and stop at and show a pass to.

And a planning consultant who has an unusual approach

to winning over the planners.

We can either get on or...or do it the hard way, I suppose.

Across the UK, there are 60,000 acres of derelict industrial land

that could accommodate 100,000 new houses.

But building on green fields is cheaper,

which makes our countryside appealing not just to the eye,

but also to the pocket of the developers.

Just having a tea.

Right, who wants the mileage?

In Cheshire, planners Jill Stephens and Nial Casselden

are driving to the site of a proposed major housing scheme

on the edge of Winsford.

Winsford was sort of a fairly small mid-Cheshire town.

But in the mid 20th century,

they massively expanded it.

It's kind of...it does have a bit of a feel of a new town to it

with lots of roundabouts and dual carriageways in random places.

But it's...uh!

This proposed scheme will develop the last remaining green field

within the town boundary.

Well, this is a very pleasant country view, isn't it?

With some four-legged animal.

Are they cows over there? Horses?

The site that we're talking about is here,

so we've got these three fields

with around 180 houses set around this open space in the middle.

The owner of the field moved away and decided, rather than

renting to farmers, they would offer it up to developers.

The timing is right, as the Council has a target of 3,500 new houses

to be built in the next four years.

My trousers are probably falling down.

The developers stand to make a profit of around £6 million

from this scheme, but deciding whether the project should be

recommended for approval will be down to the planners.

I just stung myself on the nettles.

That's the trouble with the countryside,

it's full of things that want to sting you and bite you.

This is actually a fence post knocker.

You get a planner, you stand them up,

you put that on their head and you go, "Bang, bang, bang!"

Next to the field lives entrepreneur Robin Wood

and his farm labourer son James.

You see they look very calm and happy, happy cows, right.

We haven't told them yet what's going to happen

or what they're trying to do, so just keep your voice down, OK?

That's Winsford over there and it has crept,

we've always known that the creeping would continue

and that the town would get nearer.

But the farmers don't want it,

the neighbours don't want it.

James is saying that he would lay down in front of the first

bulldozer that came along.

This is rolling countryside.

We're running out of it.

Well done, ladies and gentlemen.

Give them a round of applause, please.

APPLAUSE

Robin is gathering support from Winsford's rural neighbours

in the village of Darnhall.

MUSIC PLAYS

They aren't too keen on Winsford expanding into the countryside.

-We don't want no buggers spoiling it.

-Exactly right, exactly right, yeah.

The problem is we've got greedy, opportunistic developers,

so what we've got to do is find legal ways of stopping them.

So touch wood!

Poor old rat!

Planner Jill will be making a recommendation

on this scheme in 16 weeks.

You can understand why someone wouldn't want a field

behind their house being built on.

But there's many housing sites that were once fields, you know,

it's not my job to essentially protect someone's view.

That's mine!

Every new development in the UK attracts an average

of 1.3 objections from members of the public.

The most common reasons for objecting are loss of privacy

and loss of visual amenity

and it's down to the planners to investigate any complaint.

Sarah and Adam McKenzie-Wylie were searching for the perfect place

to live five years ago when they stumbled across Uley,

a historical Cotswold village boasting numerous listed buildings,

amongst them, this 1950s petrol station.

We were looking for a plot

and this was the closest to heaven we could find.

After finding their plot, art gallery owner Sarah

and marketing director Adam decided to move home, literally.

They took down their 18th-century manor house

in Wiltshire brick by brick,

packed it and transported it across the Cotswolds

to this corner of Gloucestershire.

The builders took it down.

They palleted it up, we stored it for what, a year, a year and a half

and resurrected it here.

It sounds pretty mad, but that's what we did.

But another new building recently appeared

on the other side of the valley, which stands to ruin the very view

they moved their whole house to enjoy.

A tree house.

It's just hideous.

When you drive into that and you see that, it's just like a kind of,

a Colditz watchtower that I've got to go to and stop at

and show a pass to.

It's just totally incongruous.

But Sarah and Adam don't just think the tree house

looks like a watchtower.

This is where we sunbathe, this is where the kids play on the lawn

and...it does make me feel a bit uncomfortable.

I mean, you really wouldn't want us to know he had binoculars in there.

We're nearly there. In a few weeks, we should have it all done.

We've even got a pair of binoculars here.

Yes, they work very well, look at that!

Just in case you're getting a little bit dry in the afternoon heat,

you can pour yourself a little...snifter maybe.

Dog kennel owner Terry Meredith

built the tree house in his back garden

to fulfil a childhood dream.

And with his two grown-up sons

and his five grandchildren visiting him occasionally,

he also wants to use it as a family room.

Everyone takes their turn in doing a little bit of cooking.

We can all cook, it's very interactive.

Of course, once we've prepared our meal and put our meal there,

you lift it across on the laptray.

There we are.

Terry obtained planning permission for his tree house

before he started building.

Oh, for goodness' sake.

But with the neighbours complaining about being overlooked,

Head Planner Phil Skill is on his way to investigate.

There we go. And there is the wonderful shed ahead!

To me, it's... No, it's not something I would want.

Not personally.

Now, a Jacuzzi in a tree...

I could do, I could live with that.

Hi!

They went that way.

It will be down to Phil to decide who is right.

The McKenzie-Wylies have complained that Terry's tree house

overlooks their garden.

This Council is listening to these people.

Shame on your officer.

OK, thank you.

If he thinks they're right, he can enforce demolition.

Can I rely upon your support?

For the moment, yeah.

-I've still got to think.

-OK.

Why don't you just put your shoulders back, Mr Skill,

I'll give you a handshake and I'll support you. Go on, please.

I'm happy to help you as best I can with everything I can.

-Thank you very much.

-Yeah.

-Thank you very much.

You cannot be serious.

'It does hurt, it hurts emotionally'

to be stuck between these feuding individuals.

Um... Cos I know there's no way that I can satisfy both sides.

He's got a line of sight where he didn't have one before.

This is the point.

Phil Skill has said

that he's going to make his judgment next week.

I do feel we have a right to a bit of privacy.

Here, we've got the wonderful views, the best views possibly in England.

It is upsetting, it is annoying when people come along

and try to take things away from you,

but they'll never succeed because I deserve what I've got.

No-one is going to take it away.

I've had enough of it. Sorry.

In the hope of obtaining planning permission, thousands of applicants

across the UK are employing the services of the professionals.

This is another one of my designs, which Steve just moved into,

the client. I think another successful project.

In Broxbourne, Hertfordshire,

architect Dom Padalino not only designs bespoke homes,

he also runs a successful planning consultancy business.

He's not here at the moment, he's in a meeting.

Can I take a message at all?

The number of planning consultants has grown tenfold

in the last 15 years.

Using their in-depth knowledge of planning laws,

they can work on the most diverse applications -

from house extensions

to multimillion-pound residential developments.

All with one goal in mind -

securing planning permission for their clients.

Our success rate is generally 100%

if you base it on the fact that you

go back until you get your approval.

Our reputation is based on success.

You're only as good as your last job.

I just wanted to give you a call. We went to committee last night

and that was granted last night. OK?

Excellent.

What's the secret to success?

I don't think I can tell you that.

I'd be giving away my 28 years of experience here.

What do you reckon?

His charm, obviously.

I'm his wife, I can't possibly say.

His head will swell.

With business booming,

Dom is looking to expand his premises soon, but right now,

he's concentrating on a client who is also looking for more space.

Lavas' special is lamb ribs.

Chicken shish, lamb shish and cocktails coming all together.

What's your favourite one?

I'm a vegetarian.

No, I'm just joking.

This former pub was converted into a Turkish restaurant four years ago.

The owner spent £60,000 on the renovation,

including an outside dining area.

But he didn't take into account the miserable British weather.

We have these lovely gardens here.

Everybody comes here, "Oh, lovely gardens, lovely gardens."

Lovely is not enough,

we have to make the money.

-England's weather is different, it's horrible.

-It's not like...?

If this place was Turkey, I'd make a lot of money.

Now, he's decided to put in a planning application

to turn his outdoor space into a permanent inside dining area

that can cater for big parties

and he plans to do it all in time for Christmas.

With just four months to go, he's hired Dom's services.

It's not the nicest of settings to sit down and have something to eat.

You've got some horrible metal gates.

You've got a prefab fence over there.

You've got the shabby sort of canopy.

It probably cost quite a bit of money to do,

but it's just not pretty, is it?

I mean, it's a bit hard to find words really for this.

I'm not sure what he was thinking at the time.

The fountain might have to go.

It might be a health and safety hazard, I would have thought.

Well, that's what I'm going to tell the client. It's got to go.

-Do you want to keep it in the extension?

-Yeah.

-Yeah? No.

-No.

And if you've got children there and they fall in, it's dangerous.

You've got to be careful. Very dangerous, yeah.

Dom offers an all-inclusive service to his clients,

from design to planning consent.

I've just done some interiors,

which you asked for, just to show you what at the moment,

what this space could look like.

-Yeah? With the roof lights... There's plenty of light.

-Lovely.

The Council, have they seen this one?

They haven't seen this drawing and to be fair,

they don't really get excited about these types of drawing,

because they're too busy worrying

about...where the refuse goes, you know.

ORHAN CHUCKLES

With the new enclosed extension providing space for ten extra tables,

the restaurant could double their earnings

in the busy Christmas season.

But the power to recommend approval or refusal for this application

is in the hands of 28-year-old planner Vicky Carter.

I listen to Radio 1 all the time.

Quite a few planners in our office listen more to Radio 4.

It's a bit intense, personally.

Having received the restaurant's planning application,

she's come for a site visit.

They want a larger enclosed extension,

which basically takes up the whole of this area.

And then, coming out just a little bit

so that they leave a smoking area,

which they haven't got at the moment.

Vicky now has three weeks to decide

whether she wants to approve or refuse this application.

It's nice, I might take a photo.

I've probably seen ten to 15 planning officers come and go

and I do remind them that I'll be here for years to come,

so we can either get on or...or do it the hard way, I suppose.

In Winsford, Cheshire, the time has come for another planner

to reveal her recommendation on a proposal

to build 184 new houses on this green field.

The conclusion on this one is that,

you know, on the balance of everything,

it should be recommended for approval.

This is a logical extension of Winsford, essentially.

Good morning.

It's bad news for the objectors, headed by entrepreneur Robin Wood.

You see the horses there?

Those horses there will be in the middle

of a concrete jungle.

There are times when I want to weep,

most of the time, I'm just angry.

-Hi!

-Good morning, sir!

-How are you doing?

But there's still hope for these campaigners.

Due to the scale of this project,

it will be down to the nine elected members

of the Strategic Planning Committee

to decide if the scheme should be built.

THEY CHUCKLE

Where we are now on this site is just this corner here.

Today's committee members, including a rock salt producer,

a quality manager in an arms company

and a primary school teacher,

have come to assess the site for themselves.

-Could you not just go and check?

-No.

-The quality of the report.

-No.

It's a field.

-And it's got bulls in it.

-Yeah.

I'm struggling to keep us all together today.

On the day of the planning committee,

it will be down to these members to decide on the fate of these fields.

Oh, we've lost some.

I'm looking at the Friesian cows

and asked where the cows are going to go. You know, are they mobile cows?

Chief protester Robin Wood thinks he's found an argument

which will convince the councillors to refuse this application.

Rambo, don't eat the cow muck, please. Rambo!

-He's eating cow

-BLEEP!

-Yeah, very tasty.

He's learned that Winsford Council is about to sign off

its local neighbourhood plan,

which identifies areas within the borough

for new housing developments.

And it doesn't include these fields.

The Council have identified sites for 3,500 houses.

And there is enough housing...

There are enough brownfield sites locally

to provide all of the housing needs that Winsford needs

without impacting on open countryside like this.

This is proper countryside.

So...do you want to stop the dog rolling in the cow muck?

That's what we do in the country.

The dogs, you understand, not the people.

At the Council offices, planner Jill's recommendation

to approve has the backing of head planner Fiona Edwards.

Although it's a green field site,

it's adjacent to the settlement boundary

and it's sustainable.

So that's why we're recommending approval.

When they meet tomorrow,

these planning committee members will have the power

to go against the planners' advice and refuse planning permission.

But gym-fanatic Fiona would rather they didn't.

I've been called a bully when I'm in planning committee

trying to tell the members what I think they should be doing.

But it's, it's my job.

I'm a member of the Royal Town Planning Institute. That's what I have to do.

That's what my code of conduct says I have to do.

I have to stand my ground. I come to blows with the councillors quite often,

but nobody goes away with a black eye.

Not often, anyway.

Hi, come on up!

The night before the meeting, the objectors also get in a few rounds.

I want to be a well-oiled machine by the time I actually get up to speak

as opposed to being well oiled, so...

Cheers, good health, here's to tomorrow.

News of Fiona's involvement has shaken the objectors' faith.

I mean, as far as the planning officers are concerned,

-it would be Fiona.

-Yeah.

If the committee agree with you, and it shouldn't go ahead,

that's not the end of the story.

They have got to have some very sound reasons for refusing it.

-So, as a Christian, I would suggest you pray.

-Yes.

And I seriously suggest you pray.

Keep that elbow up.

Good.

There are more than 20,000 town planners in the UK today.

About 2,000 more are training to be the planners of the future

in council offices across the land.

In Broxbourne, Hertfordshire, 55-year-old Colin Free decided

to retrain as a planner, after his printing business closed down.

There's so much paperwork here.

Six years later he's still learning the ropes.

-Badger Brock. Is it, Brock, or Bob?

-Bob.

Bob The Badger.

We're badger mad in Broxbourne.

Just mad.

HE CHUCKLES

Today trainee planner Colin is about to meet an applicant

who is seeking advice before submitting a planning application.

The car, it sounds like a bag of nuts but a trainee's wages don't match

those of a principal officer's, that's for sure.

You are the owner of the house?

Sicilian born Calogero Ricotta wants to extend his semidetached house

and is working with architectural technician, Carlo Bongiorno.

So what we're looking at is a single-storey rear extension

there and two storeys at the side of the main house, yeah? Okey-doke.

But as Colin goes through the plans for the extension,

he comes across a controversial design feature.

Lead on, I don't want to end up in the bathroom by mistake.

The proposed bedroom window would cause overlooking in the neighbour's garden.

If necessary, we would ask for it to be obscure glazed.

-We would prefer it not being obscured.

-Yeah, yeah.

For obvious reasons, it's a bedroom.

-But you're happy to go with that?

-Yeah.

-OK, OK.

-We'll be fair with this.

-I hope so, because it's nothing untoward.

No, no, I think we've reached a position

of mutual agreement on this now.

OK, well, thanks very much.

-We will speak to you soon, yeah?

-Thanks a lot.

Carlo has taken Colin's advice and decided to

submit his application with an obscured bedroom window.

We've had some e-mails backwards and forwards

with the planning department.

We've come to a resolution which is something that will be approved.

It was recommended by the office.

This should pass.

But as soon as the application goes in,

Colin unearths a rather worrying document.

There it is.

This is the refusal and appeal decision from 2010.

The previous owner of the house made a similar application for an extension

and Colin's solution to overlooking

has already been rejected by a planning inspector.

"The adjoining residence would still be aware of the presence

"of persons in the first-floor bedroom and would endure the uncomfortable

"and disconcerting perception of being overlooked

"in such close proximity."

What he's saying is even though the window may be obscured glazed,

people would still be aware, particularly at night, obviously,

of movement and the presence behind that obscured glazing.

As he prepares to make his recommendation,

Colin has to take guidance from previous rulings,

especially when they were made by more experienced planners.

In this case, he's left with no choice

but to reject the application that he, himself, helped to prepare.

We did have fairly extensive pre-application talks but,

unfortunately, I'm still learning on the job.

Colin will have the unenviable task

of breaking the news to the applicants.

Also in Broxbourne,

a planning application to double the size of a Turkish restaurant

in the middle of a residential area

is in the hands of planning consultant, Dom Padalino.

I am personally responsible, probably for over 200 planning applications

that have been approved in the last few years.

When we submit an application,

generally, we know that it's going to be approved.

We get on well with all the planners at Broxbourne

and I regard them as colleagues, almost.

We're on the phone nearly every day,

the same as I am with my staff in the office.

I'm just going to measure out the size of the smoking shelter.

The planner he will work with this time is 28-year-old, Vicky Carter.

They're going to be increasing the capacity of this restaurant

by another 60 or 70 people

and you've only got a smoking area for four or five people.

It's just not suitable.

As it stands I will actually refuse it based on what

they've actually given to us at the moment.

CAR ALARM STARTS

Oh, great.

ALARM STOPS

Sorry. It hasn't done that for a while.

It's a set back for Dom but nothing he hasn't dealt with before.

His client wants to maximise the seating space,

while the planners want to expand the smoking area.

He's come up with a plan that he thinks will please both.

This area here is 7.5 square metres.

We've now increased it, we have now increased it

-to double to 14 square metres.

-No.

Double is too much. I don't know why they're asking...

This is too much.

Maybe what we can do is agree this and then we can change it afterwards.

If they agree all the extension and then we can move that wall

-slightly over and say can we make a minor adjustment.

-Yeah.

It's the planning system,

it's the planning game.

It's how you get what you want

and then go back to the slight changes

on what we originally wanted.

-Yeah?

-OK.

-It's just playing the system.

Everyone's a winner.

Dom's strategy is not uncommon among planning consultants.

He wants the planners to give approval for the overall

scheme before debating minor details.

If we just make it slightly bigger then maybe we can try and push it.

Yeah? It's just a way we deal with the council.

-We give them what they want and then we take it back.

-Exactly!

-Yeah.

Time for Dom to put his plan into action.

-Hi, Vicky, how are you?

-I'm all right.

-Are you OK?

-Yeah, fine, thank you.

The law doesn't require restaurants to have a smoking area at all

but Dom's client wants to provide one for his customers.

Yeah, we quite like the fact that you're taking smokers

-off the high street.

-Mmm.

And, you know, they're not all standing outside his nice

-restaurant, smoking.

-Yeah.

We've also increased that from seven to 14 square metres

and that's how that item is dealt with, really.

-OK.

-If you need that wall pulled further back,

let us know and we'll tick the box.

Smoking areas are so difficult.

-We don't want to be too prescriptive and say it must be like this.

-Mmm.

-Erm...

-But we've also got to be minded, obviously,

it being an existing business and he's trying to sustain it,

we've got to be careful that he doesn't close the doors and we've got another empty unit.

-OK, then.

-Yeah?

-Thank you very much for that,

I appreciate you coming in and explaining that.

Yeah, you let me know and it'll be early next week

when we can put this to bed.

Having submitted new drawings,

all Dom has to do is wait for their approval.

It's genius, isn't it?

But there's tension on the Turkish restaurant's border.

The plans are causing civilian unrest.

Let's go and see what they're trying to get through this time.

Retired insurance executive, George Shiers

has lived in Cheshunt for 40 years.

What do you love about Cheshunt?

Very little.

All plans are available for residents to view at the local council's office.

George is against the expansion of the restaurant.

Hello.

And has been monitoring their planning applications.

-I'll put a chair up and you can sit down.

-I'll put my brolly there.

If you can remind me of it

because that's how I came by it in the first place!

The new application has fired up this serial objector.

The only real change is the smoking area

from 6.8 square metres to 13.4 square metres.

They're almost doubling it.

So if they're going to get double the amount of smokers in there,

the pollution is going to be twice as much.

I presume that, as the only significant change

is to comply with the requirements that the smoking area be increased,

it sounds to me like it's a done deal.

We shall see.

Pen to paper time.

-Thank you very much for your help.

-You're welcome.

-Thank you. Bye-bye.

-Bye-bye.

-Oh! You didn't remind me about my umbrella.

HE CHUCKLES

Ooh!

Ah, dear.

Just four miles up the road,

there are plans to build a rear extension to this suburban house.

Planning assistant Colin Free has advised the use of obscured glazing

to the proposed bedroom window to prevent overlooking,

before realising that a more experienced planner

rejected a similar solution three years before.

The inspector said there will be a fundamental fault

in your relationship between

the proposed house to nearby existing houses...

would not be satisfactorily resolved in this way,

by which he's referring to the proposal to fit obscured glazing.

Unaware of the inspector's previous ruling,

the owners decided to follow Colin's advice

and submitted their planning application.

They just can't have that window.

Not by council standards.

And that really is the crux of the matter,

and it will be the deciding factor, I feel, in this application.

I was taken aback a little bit by that

because, obviously, I wasn't the case officer.

I wasn't aware of it beforehand.

The time has now come for Colin to tell

applicants Mr Bongiorno and Mr Ricotta

that he had to turn down the application he helped them to draft.

This refusal will cost them their £172 application fee,

and they'll have to choose between appealing against the decision

or reapplying.

I got refused again.

I was actually expecting it to be approved,

-as per the recommendation that you were giving.

-That's right.

I thought we'd thrashed out an acceptable design

but an inspector has already said

that this first-floor window in this bedroom here

would cause an invasion of privacy at these houses.

But we indicated it would be obscured glazing.

But if you read the 2010 inspector's report,

he actually says "even with obscured glazing".

But during our pre-application and advice and all the correspondence

that went backwards and forwards, that wasn't pointed out.

I hoped that just by obscuring it, that would be sufficient.

It wasn't, I'm afraid.

In this case, probably my guidance was a little bit...

Perhaps I should have been stronger with you,

but that's why I'm still learning the game.

OK.

I can't turn the clock back. I can't change that decision.

All I can do is help and guide you in your way forward.

-We're not entirely happy.

-No, no...

-Not at all.

-No-one's ever happy.

-OK, then.

-OK.

-OK. Thanks very much.

-Thank you.

Have you locked us out?

COLIN LAUGHS

-Locked us in, rather.

-Do you think I'd lock myself in with

two people I've just refused an application for?

Over the years, I've built up quite a good relationship with Carlo

and that's the closest I've seen him to getting angry.

I can understand that.

If there was something trivial,

it would easily have been dealt with with a small amendment to the plan

and it could have just gone ahead. Now we've got to appeal

and re-apply, you know?

Complete waste of time.

It's all part of the learning process.

I came up against issues here that

I wouldn't necessarily have dealt with previously.

It's a matter of gaining experience.

That's all got filed away now

and next time I get an application that's similar,

I'll be able to weigh the issues up in a more objective way.

Colin may have struggled with this application

but he has plenty of other reasons to celebrate.

He has reached the end

of his six-year part-time course in town planning

and is finally graduating.

I've never even been to a graduation before.

And I never expected to be going to my own one.

Six years.

Six years.

Colin completed his university course

while working as a trainee planner.

Today, he brought his wife Gillian

and his children Kirsty and Elliott to the graduation ceremony.

I'm... I'm going to cry.

I'm really proud.

It's been hard work.

He's had to juggle work, a new career,

getting a degree, studying, with a family, and so,

yeah, we've got here, we've made it.

This is a special day to treasure as a memory,

got the photographs.

Hopefully inspire me onwards and upwards.

Well done...

As well as graduating,

Colin has also achieved an extra accolade -

the Outstanding Student of the Year award.

..Colin Free, excellent performance

in environmental planning. Colin.

It's usually a young planner.

Unfortunately, I gazumped all the youngsters this year.

For a young planner, 55, I've got 20 years ahead of me yet. So...

Does it make me look younger?

-Um...

-All right. It doesn't.

-You look very young.

-Thank you.

Over in Uley, Gloucestershire, the council's top planner

is due to decide whether a tree house should be taken down

after Sarah and Adam McKenzie-Wylie

complained it overlooks their garden.

That is a new building

that's been erected well above the height of all other buildings,

including his house, and it looks straight into our garden.

Having moved her own house here stone by stone to enjoy the views,

Sarah also thinks the new tree house isn't in keeping with the village.

Lovely shop. It's truly amazing.

Prince Charles came and opened it earlier this year.

It was very exciting.

What do you think he'd think of this?

He'd definitely call it a carbuncle, wouldn't he?

I think!

It actually looks like Disneyland.

Following the complaint, relations between Sarah

and tree house owner Terry have not been good.

There he was, the man himself.

She came into my car park, was shaking her fist and banging...

"You cannot be serious! You cannot be serious!"

He is the most repulsive man I have ever, ever met.

She said, "Welcome to Disney World!"

I thought, "I don't know what she's on about."

Half an hour, three-quarters of an hour later,

she was stood across the house there shouting at us.

She was shouting from across the valley.

HE SIGHS

Peep-peep!

Head planner Phil Skill is the man in charge

of making a decision on this case.

Welcome to my life.

Stuck between a rock and a hard place most of the time.

We've got to find the truth,

and is there any such thing as the truth?

We've got to find what is it that is correct about all this.

BOOMING NOTE

Phil's verdict has finally been delivered to Terry.

On my last visit to the site,

it was noted that there was a veranda, however, it is

not my intention at this time to issue an enforcement notice.

May I offer you the opportunity to submit a revised application

so that this omission can be considered by the council.

HE CHUCKLES

Pretty fantastic, that is, so we are very happy bunnies.

Every council in the UK has a maximum distance

between buildings where overlooking is considered a planning issue.

In Wrexham, for example, it's 22m. In Peterborough, it's 27.

Terry's tree house is far beyond any English council regulation.

From our point of view, it's nearly half a kilometre

to the neighbouring properties,

and therefore, there shouldn't be any issue about overlooking

and overbearing.

It's just not in that sort of field.

It's bad news for the McKenzie-Wylies.

I know that we're over 500m away

but with a pair of binoculars you could easily see,

and I do feel it does have an overbearing effect.

In my view - total nonsense. The council have got it wrong.

With his tree house now safe, Terry can add some finishing touches.

One's Sarah and one's Adam.

It's just names we thought of...really.

When there's a neighbour dispute, planning is their weapon of choice.

It's the blunt stick that they use to beat each other up with.

And unfortunately, I look like a blunt stick.

I just sometimes wish that I was a masochist

so that I would actually enjoy the beating up.

Adam and Sarah will be looking out across the valley that way,

guarding us from evil spirits

from the northern direction of the valley.

The best we could hope for is we have a big storm like we had

three weeks ago. Maybe we won't have to worry about it.

Maybe God will tear it down. Who knows?

-You look smart.

-Thank you. Thank you very much.

Over in Broxbourne, Hertfordshire,

the first application to extend this Turkish restaurant

was knocked back by the council,

but that didn't faze veteran planning consultant Dom Padalino.

He moved a wall, on paper at least, and resubmitted the plans.

Planning is a game

and over the years, I've got better at playing that game.

And, ultimately,

we end up winning quite a lot of games.

You know, to be successful, you need to be a winner

and if you are a loser,

you get eaten up by the winners,

and the planners will also eat you up.

Dom may be confident, but since planner Vicky Carter

published his drawings on the council's website,

they've not been popular with the restaurant's neighbours.

We had over 20 objections to this planning application.

More people, more noise, more disturbance.

Completely valid reasons to object to a planning application.

Hello! Hello, hello, hello! How are you?

The restaurant's neighbours may be united against this application,

but Dom has every confidence his scheme will work.

I don't have time for NIMBYs

because there is no pleasing certain NIMBYs.

From a planning point of view,

we ticked the boxes.

So they can delay the process of planning,

I don't think they ever stop it.

I think it's just a distraction, unfortunately.

But it's planner Vicky's duty to visit the objectors

and investigate their issues.

George Shiers moved to the area when the restaurant was still a pub,

40 years ago.

-Good morning.

-Good morning. Hi, I'm Vicky Carter

-from the planning section.

-Are you really?

-Yeah.

-Do you mind if we come in?

-Come in.

-Thank you very much.

I don't know whether you are aware of this,

but there's overkill of these catering outlets.

It's absolute maniacal that you should be allowing people

to increase this sort of venture.

That area was originally a pub.

Your council has turned it into a rowdy nightspot

with excessive amounts of noise,

and whilst we have got very superior double glazing fitted recently,

when people drink, they get loud. They get louder.

-Hmm. And then your other issue was odour?

-Yes.

-Smells from...

-The smells from the cooking.

-..the cooking.

-Yeah.

It is a restaurant.

-I can understand...

-But we were here long before that became a restaurant.

But not the pub. It's gone from a pub to a restaurant.

I know. But the pub, as it was, when we came here,

if you wanted any food,

you could have any flavour of crisps you wanted.

Hmm. Unfortunately...

Unfortunately, I'm a member of the public

and it doesn't matter what I think.

-OK. Right, OK.

-What you should do is refund all my council tax

-to fund my move to somewhere else.

-OK.

I think George has got major issues with the restaurant.

I don't think it would matter what restaurant would go in there,

what they would do to it.

I think he's always going to have problems

but our job is not just to protect residents

but to also support local businesses and our town centres.

George's objections haven't impressed planner Vicky,

but just above the restaurant lives objector Lina Viatkiniene.

Hello. Hi. Is it Lina?

..who moved to the UK from Lithuania in 2005.

Lina thinks that expanding the restaurant would be

the wrong thing to do.

That restaurant, according to the... What are they called?

..land register, they have access only for deliveries.

So, are you concerned about people using the restaurant parking here

-and walking in this way?

-Yes, even now, they use it,

because even now, they block in our cars.

When you want to go out,

you sit in a car 15 minutes waiting...

For them to get potential restaurant people to come?

-Rubbish. Another thing.

-Rubbish.

Summer time, they are always open.

-So there's odour?

-Flies, odour...

So we are all not happy with the parking, with the rubbish,

with the smell, with the noise, with everything that, you know...

After speaking to the objectors,

Vicky is looking at this planning application from a new perspective.

There are a few possible problems with the application

resulting from these discussions.

I think we might have to go back to the agent

and seek some amendments.

The neighbours are concerned

but I'm slightly disappointed that the planners have taken it on board,

which is a slight concern, rather than looking at the facts.

Vicky's now requested a complete overhaul of the plans,

including the relocation of the smoking area,

and a dedicated space for the refuse bins.

We've had to compromise

due to the issues that have arisen from the neighbours.

You can't stop people objecting.

Years ago, we used to go down to the planning office

and study drawings, and obviously having computer access

makes life a lot easier for these people

to access and view. There's not a lot we can do.

We can't switch off people's computers.

It takes up to eight weeks

for planners to consider every new application,

which means that if Dom's next submission isn't successful,

his client won't be able to get the extension

built in time for Christmas.

This is definitely the last opportunity for the agents

to actually submit an application that works, basically.

In Winsford, Cheshire,

there's a proposal to build 184 new houses on this green field.

Today, the planning committee will meet to decide

whether to approve or refuse it.

But developers can count on the backing of

the council's top planner.

Greenfield sites are easier to do

and inevitably developers are in this game for making a profit.

They wouldn't do it otherwise.

From our point of view,

although brown field is a preferable alternative,

it's not a must. If it's sustainable and there are no other issues,

we have no choice, as officers, but other than to recommend approval.

But it could be a Government act that saves this green field.

Thanks to the Localism Act of 2011,

all communities now have a say about the planning of their town.

In Winsford, the local neighbourhood plan has already identified

land for 3,500 new homes elsewhere.

Chief objector Robin Wood thinks this will be his killer argument.

It's going to be a measured speech,

every word articulated and enunciated,

like a laser going straight to the heart...

..of the planning committee.

Robin hopes the scheme will fall flat on its face,

just like he did in the run-up to committee day.

Perhaps they'll have some sympathy with you on crutches, Robin.

Good!

I'm not proud.

At a full council chamber,

Robin gets to put his case to the nine committee members.

CRUTCHES CLATTER LOUDLY

Let me say straightaway that the Winsford neighbourhood plan

has already identified close to our target of 3,500 houses,

and which does not include this site.

We therefore believe that it is completely inappropriate

to even consider a development like this on greenfield land

which is currently used for farming and food production.

Thank you.

APPLAUSE

Having pocketed a recommendation for approval from the planners,

the developers' agent is speaking next.

The officers' report comprehensively addresses

all the material considerations.

We are thankful... We thank the officers for their hard work

and we are very grateful for the recommendation for approval.

The development will not result in any adverse impacts

and it will deliver a wide range of benefits,

which should be afforded significant weight.

I would like to thank you for your time

and respectfully request members to support this planning application

and resolve to grant planning permission

in line with your officers' recommendation. Thank you.

Thank you.

I'd like to open the debate straightaway to members on this.

We in fact visited this site

and I was struck by the nature of the green fields.

They were truly green.

And I think that were we forced, bludgeoned by officers...

Don't tempt me.

..to adopt this.

People would bear in mind that book, How Green Was My Valley.

LAUGHTER

Good start.

I think this is just too far.

This is a green site,

it's best and most versatile agricultural land...

As the debate starts, it looks like

the councillors want to save this green field.

But to go against development, they must find a sound planning reason,

one that head planner Fiona feels can be defended

if an appeal is lodged.

If you try refusing it on DS5, open countryside,

you will not sustain that. We've seen that time and time again.

We could say something like, "This is a greenfield site,"

or something along those lines?

WOMAN: She says no. >

Chairman, we've had numerous appeal decisions,

and time and time and time again,

we've failed to justify this committee's reasons for refusal,

and we are faced with significant cost implications

as a result of those decisions.

I'm yet to hear from members why this site is not sustainable.

-That's incorrect. You've only said...

-Chairman!

-Excuse me.

Finally, one councillor decides on a change of tactic

and puts forward objector Robin's argument.

We've been running the Winsford neighbour plan

for the last two years.

We have identified land for 3,500 to 3,600 houses.

This has come outside of it.

Councillor Clarke believes the local neighbourhood plan

will protect greenfield sites such as this.

Chairman, once again...

I'm sorry to keep doing this,

but neighbourhood plan hasn't been through examination

so we are still at relatively early stages

in terms of the weight that you can give them.

Fiona is still not convinced this argument would stand up at appeal

but the councillors are determined to try and save the green field.

I have to say that if the law is that you've got to allow everything,

then why are we all sitting here?

We, as an authority, are encouraging neighbourhood plans

but are we listening to them?

Because, obviously, I don't think we are here.

I'll still move the recommendation for refusal.

APPLAUSE

Thank you, ladies and gentlemen. Please.

Can we go to the vote, please?

All those in favour of refusal please show.

That's unanimous. Clearly carried, thank you.

APPLAUSE AND CHEERING

After a 45-minute debate,

the councillors finally get their way -

the green field won't be built on.

-Well done.

-Thank you very much.

-She wants slapping down, doesn't she?

-I know.

Does that mean we can go now?

We're absolutely thrilled. We're absolutely thrilled.

I think it's been a great result.

I think the councillors weren't going to be pushed around

by planning law, they were just going to go for it, and they did.

I think the public sector needs to remember their place.

I mean, they're meant to be serving us.

They're meant to be serving the committee members

and trying to help them, and she didn't do that.

I think it was absolutely appalling. It's a disgrace.

She was on the verge of bullying them, but they wouldn't be bullied.

Good for them.

I'm going to have a quiet beer...

followed by lots of noisy ones.

Good night.

They don't HAVE to listen to me.

It's my job to try and get them to come to what I consider

the right planning decision, but they decided to run with it,

but the likely outcome is, we'll end up in an appeal situation

with what I have to say is

a very difficult reason for refusal to defend.

I became incensed when somebody keeps telling me,

"You cannot do this," and, "You cannot do that."

It's our town.

Good night.

180 miles south in Broxbourne, local objectors

have managed to slow down the progress of an application

to extend this Turkish restaurant.

I've had applications that have gone for quite some time,

different amended plans, different re-consults with neighbours,

for seven days. I've never had an application go on for this long.

We've had so many plans now to try and make it work,

it has become a little bit of a mess, really.

Still trying to get the extension built by Christmas,

veteran planning consultant Dom Padalino has come

to re-draw the application for the fourth time.

Careful...

Sorry?

You almost hit the dog.

(He was in the road, wasn't he?)

After 16 weeks of unproductive work,

Dom believes he's finally found a scheme

which is going to silence the locals and the planners.

The pen is certainly mightier than the sword in my case.

It's very rare that we have to use the sword.

Dom has moved the smoking area to the far side,

which he believes will address the noise and the access issues,

and also make room for the refuse bins,

so his client can look forward to a busy Christmas season.

The winter time is coming.

I hope, this time, everything is ready.

But Christmas time comes,

and there's not much room at the inn.

The extension hasn't been approved.

Environmental health do have some issues with the smoking shelter

being on that western side,

mainly because it's completely contained,

so the smoking shelter hasn't got enough room, really,

for the smoke to infiltrate into the air.

He's been trying to make it work by just doing small tweaks

here and there and, unfortunately, the small tweaks just aren't enough.

Dom will get another chance to submit his plans

in the new year, but he's failed to deliver this project on time,

which has dented his 100% approval record.

I'm not sure if we'll get a card from Dom this year.

You never know, we might be on his Christmas list.

I very much doubt it.

We've got a few left over

so we'll send them out to the planners.

Dom may have missed his Christmas deadline,

but he's still working on the ultimate solution

for the smoking area.

We had designed the smoking shelter and I remember at the outset

that the planners actually told us that they

thought the smoking shelter was too small.

So then we increased it.

We were then told it was going to cause problems to the neighbours,

so we then moved it.

And we've now got rid of it.

So, by taking, literally, the label off the drawing,

and call it an outside terrace,

we resolved that problem.

Don't worry. We are still young.

We have this a long time and we can wait.

Next time - one couple expose their bold plan

to stop a development...

We are both naturists,

and it you want to sell it, it may put off prospective buyers.

..residents are pushed to the limit...

If it goes against us, I'll probably kill somebody.

..and objectors to a block of flats tell the architect where to go.

Between the Gherkin and The Shard, it'd look lovely.

Not on a nice little corner.

It don't need something like that there.