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  • FIRST POST
    • JonnyAldridge
    • By JonnyAldridge 16th May 17, 4:53 PM
    • 5Posts
    • 8Thanks
    JonnyAldridge
    Help! Objections to planning permission
    • #1
    • 16th May 17, 4:53 PM
    Help! Objections to planning permission 16th May 17 at 4:53 PM
    Hi,

    Could really use some help objecting to planning permission please!

    I just bought a semi-detached house in York last month and a developer has put in an application to build a house directly next to it (in what is currently a wide side alley) meaning it will be attached to the terrace. So upsetting and annoying!

    I've done some research online and it seems like there aren't many "material objections" that we can make - e.g. based on the visual design not being in keeping with the street.

    Can anyone with experience of this suggest some strong arguments to counter the application?

    It won't let me post a link, but you can see the application here:

    https://
    planningaccess.york.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=OOY UWASJHZ600

    Thank you!
Page 2
    • Doozergirl
    • By Doozergirl 17th May 17, 11:54 AM
    • 24,042 Posts
    • 66,624 Thanks
    Doozergirl
    No I don't own the land directly next to the wall - and apparently the Party Wall Act 1996 gives them a right to build directly against it (provided they get planning permission). Apparently all I can do is appoint a surveyor...
    Originally posted by JonnyAldridge
    It might be that they can get planning permission for this, although I don't think the planners would like it at all in my area as the scale of the house isn't identical to the neighbours. If it doesn't fit perfectly into the street scene, it wouldn't be approved.

    Your neighbours have made good representations, but I would read all the local planning guidance here:
    https://www.york.gov.uk/info/20051/planning_policy/666/supplementary_planning_documents
    They may have similar guidance to my local authority. I can't imagine York being a lackadaisical about planning, given the heritage of the place.

    Phone the planning officer and ask them what their opinion is. If they have concerns, put them into your own objection.

    Do you have a right of way across the land in your deeds? This needs to mentioned, although it may become a civil matter later and not affect the planning decision. As well as your flues.

    *Most importantly* contact your local ward councillor and ask them to come to your house to look at this application and request that it is "called in" to the planning committee should the planning officer be "minded to approve". This will provide a hurdle to the applicants. Planning committees are made up of local councillors, who are often over 70, wear tweed and hate the idea of building anything anywhere, ever. They can vote against the planning officer on occasion and halt or at least delay the process. You need to get a shift on with getting it called in. Planning committee does not happen automatically - small applications are usually decided by the planning officer alone - so you must push to it does.

    If this does succeed, you need a really good party wall surveyor to fight your corner. Whilst they are allowed to build on the party wall, you would be entitled to defrayed costs for your wall - which means you should receive compensation in the form of 50% of the cost of building the entire party wall at today's rates.

    There is also the rather antiquated 'right to light' which is acquired over time. This is not the same as the right to light provided by the planning process, it is more onerous. Party wall surveyors may have some knowledge of it, but an assessment would need to be made as to which rooms in your house would miss light through the building of the extensions. There is the potential of gaining an injunction to prevent the building of extensions, but in reality there might be some compensation in it, although the legal costs need to be assessed against the potential financial gain. It's quite a cynical law, especially when complainants often have the luxury of identical extensions to the ones they complain about!

    If they did get planning permission, it sounds like there are so many civil issues with rights of way etc. that by the time they've paid everyone off, there might be little financial incentive to build.

    Good luck!
    Last edited by Doozergirl; 17-05-2017 at 11:58 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • teddysmum
    • By teddysmum 17th May 17, 3:13 PM
    • 8,606 Posts
    • 5,092 Thanks
    teddysmum
    Here's the spot where they want to build.

    It looks like maybe it was originally built as a terrace, then somebody knocked down one house to get to the back ...

    https://s15.postimg.org/6lwkgiswr/Gap1.jpg

    ai9wcidwc
    Originally posted by PasturesNew


    I don't think this was the case. I think the houses were built with the separate pair of semis to fit the land owned by the original builder and to give access to property behind (stables are mentioned).


    If you look at the semis, then the rest of the terrace, you can see that front doors (usual with older terraces) are paired. ie 2 and 4 have doors together, then 6 with 8 etc .


    This does not match the pattern there would be, if a house was removed, and there is no sign on the sides of no 4 that there has ever been anything attached, then demolished. Also, the decorative brickwork, just below the roof, continues round the side, which would not be the case after demolition.
    Last edited by teddysmum; 17-05-2017 at 3:16 PM.
    • TimHatton
    • By TimHatton 8th Jun 17, 3:40 PM
    • 2 Posts
    • 22 Thanks
    TimHatton
    What a strange thing to stumble upon on the internet! Thanks guys!
    • Red-Squirrel
    • By Red-Squirrel 8th Jun 17, 4:01 PM
    • 1,998 Posts
    • 5,517 Thanks
    Red-Squirrel
    Googling your own name eh?

    Who cares, you're still awesome! Good luck with the objections.
    • TimHatton
    • By TimHatton 8th Jun 17, 4:10 PM
    • 2 Posts
    • 22 Thanks
    TimHatton
    Ha! I was actually googling the application number! Cheers. I am an architect btw, hence the half decent objection wording
    • Fosterdog
    • By Fosterdog 8th Jun 17, 4:20 PM
    • 3,437 Posts
    • 5,865 Thanks
    Fosterdog
    Ha! I was actually googling the application number! Cheers. I am an architect btw, hence the half decent objection wording
    Originally posted by TimHatton
    Jonny Aldridge really is lucky to have a neighbour like you and certainly owes you a pint or two even if the objections don't work.
    • JonnyAldridge
    • By JonnyAldridge 27th Jun 17, 1:42 PM
    • 5 Posts
    • 8 Thanks
    JonnyAldridge
    Decided...
    Hi all,

    Thanks a lot for your help and comments on this... The application has been withdrawn by the developers (for now).
    Now if everyone would stop making me buy drinks for the new neighbours that'd be great!

    Cheers!
    Jonny
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