Planning permision,free for all.

snodgrass

I am just asking another question if that is ok.

It has just been known that the government has made it law that from next month you do not have to apply for planning permission to build extensions etc.So legally everyone has a free right to build what they want as long as it abides by the guidelines,length,height etc.

What i would like to know is can neighbours still obtain the right to object or deny these extensions.Our new neighbours have said that they are going to build an extension off their back kitchen,which adjoins our living room wall.If they extend it follwoing the guidelines for a terrace,this could be has much as 3 metres.If they did extend that much it would block,or correctly,completely block off our gate and entrance to a entry/passageway we use for taking out our rubbish and deliveries of large goods.
Also being an old terrace house which was not built for taking adavntage of the light(daylight),our living room is always dark and dreary,like the black hole of calcutta,so we have to have a light on permanent while we are in it,otherwise literally it is just to dark not to.But if they build their extension even just a few feet(we have measured) it would completely block off what natural light we have coming in already,and the room would be even more dark.
What i would like to know is do we have some sort of redress with these new laws coming in,to object or anything.Any help or advice would be appreciated.

lincroft1710

I cannot see that you can object to their extension as they will no longer need permission to build, so that permission cannot be denied. Of course they must still adhere to building regs.

slummymummyof3

At present you can build a single storey extension (provided you have no other extensions) under 'permitted development rights' which dependent on whether you are a terrace, semi or detached dwelling vary in size before planning is needed (I think the figures are 50, 60 and 70 cubic metres). Therefore planning permission is not required but obviously building regs are.

Your neighbour will need the Party Wall Act if they are building within 3-6 metres of your property and their foundations are likely to be deeper than yours. This does not just apply to work on a 'party wall'. The act is to facilitate the works to go ahead and as an adjoining neighbour you cannot prevent party wall works from going ahead but you can rely on this legislation to protect you as an adjoining neighbour.

I suggest you google party wall act and see if this will apply to your neighbours intended works as they will need to get a surveyor to issue you with the relevent notices and as the adjoining owner you are entitled to have a surveyor to act on your behalf with expenses met by the building owner. This is to protect you (your property) in the event of damage being sustained to your property during the build.

Doozergirl

If you have a right of way across their land for bins etc then they will need to maintain a right of way for you. It doesn't have to be exactly where it is now but they need to make some provision.

I'm agreeing with everyone else on everything else raised.

snodgrass

We have been to see our local counsilor and he said they still need to adhere to planning rules and regulations.Also we could claim this right to light after 20 years of it.If they will not be reasonable(which they are not,we have tried and they just walk into their kitchen")we will have no other option than to get our solicitor involved,we do not really want to do this,but if they are going to be so awkward and unhelpful,we will have no choice but to go the legal route.

planning_officer

This thread is somewhat off the mark! (said in the nicest possible way!). Planning permission has not been removed for extensions!! At present, one can build up to various limits under permitted development rights - 50 cu metres for a terrace (or a dwelling in AONB/conservation area) and 70 cu metres for any other dwelling. There are several other restrictions too, about not covering too much of the garden, proximity to a highway, height, etc.

The new regulations just express these permitted development allowances in different ways - from 1 Oct you can extend up to 3m in depth at two storey height (to the rear only) and up to 3m/4m at single storey height depending on wht type of property you have and where it is. Previously, the volume allowances could be 'spread' anywhere - for example you could build a rear extension 2m high, 2m wide and 17.5m deep if you really wanted to (i.e. volume less than 70 cu m)!! Under the new regulations you would only be able to extend up to 3m or 4m in depth.

There are lots of additional restrictions under the new permitted development legislation - some are a lot more restrictive than the old ones! The purpose of the new reglations is not only to make it simpler for people to undertake small extensions, but also to tighten up on certain types of development and make them more restrictive and more 'neighbour-friendly'.

There will be no more of a 'free right to build' than there currently is - the legislation already exists - it is being rewritten in places and tightened up in others.

churchrat

planning_officer wrote: »

There are lots of additional restrictions under the new permitted development legislation - some are a lot more restrictive than the old ones! The purpose of the new reglations is not only to make it simpler for people to undertake small extensions, but also to tighten up on certain types of development and make them more restrictive and more 'neighbour-friendly'.

There will be no more of a 'free right to build' than there currently is - the legislation already exists - it is being rewritten in places and tightened up in others.

most helpful, thankyou--
what about loft conversions?? would a "joined" neighbour have any right to object to this??

will have to say, having watched some coverage about this on tv, it seemed to imply that you can just extend your property however you want. I wonder if there will be an increase in building works which should have applied for permision, but the owners did not do so, truly thinking that they did not need to ask.

lincroft1710

Planning Officer - if a homeowner wishes to extend his home and the extension does not exceed the new size restrictions, then am I right in thinking that he does not have to submit plans for approval by planning committee, but must submit plans for building regs approval.

planning_officer

lincroft1710 wrote: »

Planning Officer - if a homeowner wishes to extend his home and the extension does not exceed the new size restrictions, then am I right in thinking that he does not have to submit plans for approval by planning committee, but must submit plans for building regs aproval.

Yep, if an extension benefits from permitted development rights (either the current ones or the revised ones as from 1 Oct), then it basically means that planning permission is granted for the development under a 'deemed consent' under the Town and Country Planning (General Permitted Development) Order 1995 (amended 2008).

So, in a nutshell - nope, no need to submit plans for planning approval, as it's already granted! Not sure about the building regs question, as that's not my field of expertise - but the requirement for building regs will remain the same, so I'm sure it's possible for some extensions to not require planning permission or building regs, and equally it's possible that some extensions will require one but not the other.

planning_officer

churchrat wrote: »

most helpful, thankyou--
what about loft conversions?? would a "joined" neighbour have any right to object to this??

If something benefits from permitted development rights, either now or after 1 Oct, then a neighbour can't object as there's no need for a planning application - so, basically, there's no application to object to. Party wall stuff remains the same though, so your rights in that respect remain unchanged (although that's not a planning matter - more of a civil one between neighbours).

churchrat wrote: »

will have to say, having watched some coverage about this on tv, it seemed to imply that you can just extend your property however you want. I wonder if there will be an increase in building works which should have applied for permision, but the owners did not do so, truly thinking that they did not need to ask.

Completely agree - the media seem to report the revised legislation for permitted development like it's a licence to build what you want! Not really sure why, as it's already existing (albeit with different restrictions). The new restrictions are easier to understand in my opinion (it was always difficult to work out volume for awkwardly shaped extensions in the past!). Plus, I agree with your last sentence - the way the media report it probably will result in lots of folks thinking they can build anything and just getting on with it... maybe there'll be a new demand for council enforcement officers!!

Peter_D_2

planning_officer wrote: »

Completely agree - the media seem to report the revised legislation for permitted development like it's a licence to build what you want! Not really sure why, as it's already existing (albeit with different restrictions). The new restrictions are easier to understand in my opinion (it was always difficult to work out volume for awkwardly shaped extensions in the past!).

In some respects the new rules are significantly more restrictive than the previous permitted development rules. We built an extension last year that was comfortably within the older rules but that would require planning permission to build under the new rules (it would have fallen foul of the new 4m rule).