Planning problem with neighbours

beckseven

Hi, don't know whether i've posted on the right place but just could really do with some opinions. My neighbours moved in a year ago (we live in a semi) and are refurbishing a house. They put in a planning application before Christmas for a single story extension which we were notified by post about-we were fine about it and all went through and work began last Monday. However I got our parish magazine through on Sunday and it said that they had approved a double story extn. Finding this a bit strange i looked on the planning website and found that they had submitted a new planning application for double storey extn with a big balcony on the back in January. We were not notified of this new application so were blissfully unaware and raised no objections. I'm ok with the double storey extn but am not at all happy about the balcony as I am worried that they will be able to look into my children's bedrooms. I've rang the council twice this morning and have been told that we should have been notified by post before this went through. I am waiting for the duty planner to get back to me. The thing is is that my neighbours father is a nasty piece of work and I know he has been involved in intimidating people before (my neighbour must be in his early fifties and his father is in his 70s but apparently he rules the whole family). I've got a horrible feeling that we have been duped by our neighbours who were trying to conceal their new planning application from us. We get a local council paper and I always check the planning bit and never saw it there ( I think we didn't get a delivery of it for a couple of weeks..) and the parish magazine hadnt been posted through our door-I found it on the floor. I'm worried that if we do halt the work so that we can put our objections through we will be subject to a campaign of intimidation-me and my husband are so worried we can't sleep. can anyone offer any advice? I don't want to fall out with neighbours but I don't want them to get away with trying to pull a fast one.

mountainofdebt

I think in fairness that its not so much the neighbours duping you (after all they couldn't put in an application for a single storey extension and then get away with building a two storey one) but you not being notified - whether by accident (the council not sending out the notifications or the letter not being delivered) or human failure (not realising that new notifications need to be sent out)

Not sure I understand about the balcony though - can you explain abit more?

Oldernotwiser

Why would they want to look into your children's windows?

beckseven

Hopefully you are right about them not duping us but I think I am feeling paranoid because of what they are like as a family-to give you an example my previous neighbour was very apologetic about having to sell to them but the family are wealthy and offered cash. Regarding the balcony they are extending double storey to the side of the semi but will have a large extension single storey to the rear and on top of that is a large balcony area-which if they sit out on the terrace will be able to look accross into my children's bedrooms-also with a loss of privacy in my garden. Maybe my objections would have been discounted but it would nice to have a say and if I object now it will delay their building work and probably result in something happening to my property-they don't like people getting in their way...

74jax

beckseven wrote: »

-to give you an example my previous neighbour was very apologetic about having to sell to them but the family are wealthy and offered cash. QUOTE]

I'm not sure what you are giving an example of here sorry.

beckseven wrote: »

Regarding the balcony they are extending double storey to the side of the semi but will have a large extension single storey to the rear and on top of that is a large balcony area-which if they sit out on the terrace will be able to look accross into my children's bedrooms-also with a loss of privacy in my garden.

I'm not sure there will be a great loss of privacy from them sitting on there first storey terrace to them sitting in the garden ground level. I do feel though if the sun comes round that way and because of their single storey you won't get it in your garden you would have right to object.

I agree with the other poster in that it's not the neighbours fault. It's the planning department's and they should have notified you.

Can you clarify - the initially put in for a single storey extention on the side, then increased it to a double storey extention on the side and put in a complete new application for the single storey with balcony/terrace out the back?

beckseven

The point is about loss of privacy is not because I think my neighbours will be looking in my children's windows but because I don't want anyone to have a view in to my childrens bedrooms at the back of the house that wasn't there before. The remark about my neighbour was just to illustrate that the family aren't the kind of people that make ideal neightbours but sorry if that was off topic. The planning department have rang me and said 'Sorry but the second application must have been lost in the post'. The first application was for a single storey extn to the back and the side with a balcony on the side facing over fields. We already have a rear extension put in by the previous owners so have no problems with that. The second application was for a double extn to the side and then a single extn at the back but now the balcony is going to be on the back of the house. I'm sorry if i've not made things clear but feeling quite stressed today. I feel angry because i've not been given the chance to object to something, even if it would have been passed it would have nice to have had an opinion and i'm not sure where we stand now. Thanks for your replies.

Jojo_the_Tightfisted

It's a shame, but you may have to put up with it and buy some net curtains for the children's rooms.

beckseven

Does anyone know if it's a legal right to be consulted? If we didn't get consulted by no fault of our own about the second application is this just a case of it being tough luck on us and better luck next time with the post when they decide to build a castle at the bottom of the garden!!! ( i shouldn't joke you never know!)

springclean

i think you are jumping to all kinds of conclusions based on the type of family you think they are, and the what ifs are putting you in a panic that has no foundation.

speak to the council- clearly, with none of your judgements - and explain your concern about the privacy aspect of the balcony overlooking the garden. they have procedures to follow, so put it in writing too, and be calm and collected with all of your facts. be on top of it and make yourself heard, but based on facts rather than as yet unsubstantiated concerns.

lauren_1

Are you worried that they are voyeur's? Perverts?

Or could you simply be over reacting to something they may or may not be able to see from a balcony.

RLH33

I am afraid that you have no hope of getting the work stopped or objecting to the planning permission now as permission has been granted. There is no third party right of appeal - your only hope would be a Judicial Review where you would have to argue that the Council erred in their decision or didn't follow the regulations set out by the Government. This, however, would be extremely expensive and probably not worth it.

From your description the balcony issue does sound a bit weird as a first floor balcony would ring alarm bells with any Planning Officer as, 9 times out of 10, they do cause an unacceptable level of overlooking to neighbouring gardens etc. I would ring the Council and ask to speak to the Officer who dealt with the application. Get them to explain how they took into account your residential amenity and whether or not they considered whether it would cause overlooking to your garden - if they did consider it then what was their conclusion? Listen carefully to see how they justify it. You could of course arrange an appointment to speak to them in person which may be a good idea so that you can look at the plans at the same time as having it explained to you.

If you are unsatisfied with their response then your first route is to make an official complaint to the Council. Once they have responded and if you are still unhappy you can complain further to the Ombudsman.

Does your Council have the planning applications published online? If so it would interesting to see how it looks on the plans.