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Not sure if planning permission obtained

swizzle_2
Posts: 481 Forumite
Hi
We have been in our present home for nearly 8 years.
There is a two storey extension on the front, but i don`t know if planning permission was granted for it. We have two sets of plans, 1 from when the property was first built which does not show it how it was when fisrt built. As it shows it as a square box, which is wrong. The second is from when we bought the leasehold, which does show how it was first built, but with no extension. The extension is a bay window and is not very large.
The trouble is that our neigbour is talking about building an extension at the front which would affect our light and privatey. If i object to it, can he object to ours? and can the council make us pull it down?
Thanks
We have been in our present home for nearly 8 years.
There is a two storey extension on the front, but i don`t know if planning permission was granted for it. We have two sets of plans, 1 from when the property was first built which does not show it how it was when fisrt built. As it shows it as a square box, which is wrong. The second is from when we bought the leasehold, which does show how it was first built, but with no extension. The extension is a bay window and is not very large.
The trouble is that our neigbour is talking about building an extension at the front which would affect our light and privatey. If i object to it, can he object to ours? and can the council make us pull it down?
Thanks
April Grocery challange £175
Spent week 1 £29.90
week 2 £62.64, TOTAL £92.54
Spent week 1 £29.90
week 2 £62.64, TOTAL £92.54
0
Comments
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If your extension is over four years old, even if it needed planning permission in the first place, it is by now exempt from enforcement action and therefore no action can be taken against it.
If your neighbour wishes to build one, it may or may not need planning permission (lots, but by no means alll, extensions on the front of a property do). If they apply for planning permission you will be given a chance to object to it. If it doesn't need planning permission there is not much you can do legally to stop it.
Talk to your local Planning Authority, they will be able to give you lots of advice.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
swizzle wrote:The trouble is that our neigbour is talking about building an extension at the front which would affect our light and privatey.
Just be aware that there is no law that gives you a right to privacy or light, in this situation. You can object, but it might not make any difference.
Best to look at your local Council's Local Development Plan as this sets out the Council's policy on planning development and may give you better grounds for objecting.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Does the bay window come further forward than any part of the existing house? Does it face a road? How close is it to the road if it does? Are there any other extensions on the house? These are the questions that will need to be asked to discover whether planning permission is necessary.
Your Local Authority should be able to give you a little booklet entitled 'Planning - a Guide for Householders' published by the Government, which you will find useful.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Debt_Free_Chick wrote:Just be aware that there is no law that gives you a right to privacy or light, in this situation. You can object, but it might not make any difference.
WRONG! Completely wrong!
Prescription Act (1832) (as amended)
Rights of Light Act (1959) (as amended)
and common law rights once twenty years have passed protect the right to light.
Planning permission can (and often does) get granted without regard to this, so you'd have to pursue to obtain an injunction or damages. Or you settle out of court.
It's a pretty specialist area, but there are numerous surveying practices (primarily in London) that specialise in rights of light/sunlight and daylight matters. I believe the RICS also have a 'basic guide' to the principles and issues.0 -
bobalicious wrote:WRONG! Completely wrong!
Prescription Act (1832) (as amended)
Rights of Light Act (1959) (as amended)
and common law rights once twenty years have passed protect the right to light.
Planning permission can (and often does) get granted without regard to this, so you'd have to pursue to obtain an injunction or damages. Or you settle out of court.
It's a pretty specialist area, but there are numerous surveying practices (primarily in London) that specialise in rights of light/sunlight and daylight matters. I believe the RICS also have a 'basic guide' to the principles and issues.
Possibly, but it's not quite as simple as you make out.
From the ODPM
"For example, you could object to a planning application on the grounds that a new development would overlook your property, but there is no general or automatic 'right', as such, not to have your land overlooked. If you feel your private rights are being infringed, seek legal advice"
In my experience, a householder's objections regarding lack of privacy will simply result in a planning condition for the applicant to install frosted glass in windows that overlook the neighbour's property.
In my case (to replace a single storey garage with a two-storey extension) I simply didn't include windows that overlooked my neighbour's garden. And we got our PP straight away, simply with the condition that we would not install any windows that were not on the original plans.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Debt_Free_Chick wrote:Possibly, but it's not quite as simple as you make out.
From the ODPM
In my experience, a householder's objections regarding lack of privacy will simply result in a planning condition for the applicant to install frosted glass in windows that overlook the neighbour's property.
In my case (to replace a single storey garage with a two-storey extension) I simply didn't include windows that overlooked my neighbour's garden. And we got our PP straight away, simply with the condition that we would not install any windows that were not on the original plans.
Sounds about right.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Debt_Free_Chick wrote:Possibly, but it's not quite as simple as you make out.
Trust me, it is far from simple!!!!Debt_Free_Chick wrote:In my case (to replace a single storey garage with a two-storey extension) I simply didn't include windows that overlooked my neighbour's garden. And we got our PP straight away, simply with the condition that we would not install any windows that were not on the original plans.
Very common. BUT - Rights of Light are NOT a direct planning matter. IF you impacted upon the RoL of your neighbour through the erection of a built structure, they could take action against you. Simple as that! And they wouldn't do so until you received a PP, and potentially even once construction began. There is an enormous difference between privacy and Rights of Light.0 -
seven-day-weekend wrote:Sounds about right.
#Health warning - BIG difference between privacy and rights of light. You can have a planning permission that is granted that a third party can obtain an injuction against or be awarded damages. A large number of surveying firms specialise in this area for both commercial and residential.0
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