Neighbours house extension...not sure where I stand?

LGDNUFC

Im after abit of advice as this is a very grey area for me regarding planning permission and objecting etc...
I received a letter from my local council regarding my next door neighbour applying for permission for a single storey rear extension and a first floor side extension above their garage...the back of my house looks onto the side of their house as we live on a horseshoe shaped street and Im one of the houses on the bottom of the horseshoe.
Ive looked at the proposed extensions and its a huge job... ..basically i face their garage wall and if the extension goes ahead it will block most of the natural light that comes into our back garden and i will face a 2 storey brick wall with no windows or doors..which will make my garden feel and looked hemmed in.
The other thing Im worried about and Im unsure of is my rights because as they are building up they will have to erect scaffolding onto the side of the house. Their is a pathway that is about 1m wide that runs down the side of their house and a fence then my garden begins, but Im not sure if that is enough room for them to put up the scaffolding without wanting to be on my property. My dad seems to think that the scaffolding will probably have to be either in my garden as they will take the fence down or they will need access to my garden to erect the scaffolding and that I HAVE to give them access... All this building work is going to be less than 10ft from my conservatory door (which is our back door) and Im really not looking forward to this happening...:(

azana_2

we faced something similar in our previous house - and appealed and won.

I expect someone with more planning knowledge than me will be along, but if this is going to effect you so badly it may be worth consulting an expert. From memory (and given that this was a few years ago now and I can't remember exactly) you have no "right to light", however there are other things you can appeal on, eg the development being out of keeping, un-neighbourly, setting a precedent etc etc. It may depend what area you are in how good the planning is - but you should be able to get somewhere if you find out as much as you can and get other people on board. When this happened to us we got the planning officer round to see the view out of our window and take pics to see how bad it actually would be. Our borough had a leaflet advising what grounds you have for appeal and, at the time, I spent hours and hours researching and putting forward a good case.

I think they can in theory build right up to the boundary but my advice would be research, research, research, write a reasoned,calm letter and get other people onside if you can - try and stay amicable with the neighbour though.

Good luck with it all - sorry what I have said is a bit hazy, but hope some of it helped.

poppysarah

Make sure you see the plans. Go this next week. (They've timed it nicely with Christmas for making it awkward to see them)

Put an objection in in writing after doing the research.

Think about how many extra bedrooms it'll have and how much parking it has... that's usuaully a good objection reason

Would you consider a smaller version? Shame they not discussed it first.

LGDNUFC

poppysarah wrote: »

Make sure you see the plans. Go this next week. (They've timed it nicely with Christmas for making it awkward to see them)

Put an objection in in writing after doing the research.

Think about how many extra bedrooms it'll have and how much parking it has... that's usuaully a good objection reason

Would you consider a smaller version? Shame they not discussed it first.

My dad said exactly the same thing regarding sending us the letter near to christmas..I think my house is the only house it will affect as all of the work is being done on the side facing us..
Its already a 3 bed house and it will create a fourth bedroom and I think the couple are expecting their first child.
Im abit miffed that they couldnt walk 20 yards to knock on our door and just politely inform us of this proposal...the last time ( in a different house) my neighbour came with the plans and we sat and had a good chat and a glass of wine.

LGDNUFC

azana wrote: »

we faced something similar in our previous house - and appealed and won.

I expect someone with more planning knowledge than me will be along, but if this is going to effect you so badly it may be worth consulting an expert. From memory (and given that this was a few years ago now and I can't remember exactly) you have no "right to light", however there are other things you can appeal on, eg the development being out of keeping, un-neighbourly, setting a precedent etc etc. It may depend what area you are in how good the planning is - but you should be able to get somewhere if you find out as much as you can and get other people on board. When this happened to us we got the planning officer round to see the view out of our window and take pics to see how bad it actually would be. Our borough had a leaflet advising what grounds you have for appeal and, at the time, I spent hours and hours researching and putting forward a good case.

I think they can in theory build right up to the boundary but my advice would be research, research, research, write a reasoned,calm letter and get other people onside if you can - try and stay amicable with the neighbour though.

Good luck with it all - sorry what I have said is a bit hazy, but hope some of it helped.

I think you are right about building right upto the boundary but my dad seems to think that I have make my garden accessable for any work to be done...
Im going to ring the office on monday and have a chat with them, but Im not holding out much hope because the time of year that the application has been put in and I would think the office will be shut for a minimum for a week over christmas.

G_M

Start by talking to Planners.
Then read the plans in detail.
Find out what are valid reasons for objecting and what aren't. I think as said, 'right to light' is NOT a valid reason so there's no point objecting on this basis. You have to use the rules/procedures, not just go with your personal reasons for not liking the extension.

Getting a surveyor or other professional to draft the objection might be worth considering but will obviously cost.

Rikki

My neighbours and I recently had cause to object to another neighbours planning application.

You can view the plans on-line and also e-mail your objections. I wrote a letter in word so I had a hard copy and the e-mailed a copy.

Objections likely from what you had posted seem to be it will be overbearing and out of keeping with neighbouring properties, set a president etc

What I will say if you do put any points forward it makes the council look closely at the application. They may still grant permission but you would have put your objections forward.

Rikki

G_M wrote: »

Start by talking to Planners.
Then read the plans in detail.
Find out what are valid reasons for objecting and what aren't. I think as said, 'right to light' is NOT a valid reason so there's no point objecting on this basis. You have to use the rules/procedures, not just go with your personal reasons for not liking the extension.

Getting a surveyor or other professional to draft the objection might be worth considering but will obviously cost.

I agree make sure your objections are not personal but how the extension will impact on your and neighbouring properties.

tberry6686

My understanding of the law is that they have a right of access to repair/maintain their property but do not have a right of access to build. If they get permission then you do not have to allow access to your land for them to build and they must build it completely from their own side of the boundary.

You may want to have a look at the garden law discussion forum - just google garden law

LGDNUFC

tberry6686 wrote: »

My understanding of the law is that they have a right of access to repair/maintain their property but do not have a right of access to build. If they get permission then you do not have to allow access to your land for them to build and they must build it completely from their own side of the boundary.

You may want to have a look at the garden law discussion forum - just google garden law

Thanks for that...there is very little space down the side of their house and I really cant see how they will manage to put up scaffolding without using some of my garden...which will be a a right hassle as I have 2 small children under 5 ..Ive just checked on the dates and the target determination date is 3/02/2011 which I assume is when the decision will be made on whether it goes ahead or not.

Rikki

LGDNUFC wrote: »

Thanks for that...there is very little space down the side of their house and I really cant see how they will manage to put up scaffolding without using some of my garden...which will be a a right hassle as I have 2 small children under 5 ..Ive just checked on the dates and the target determination date is 3/02/2011 which I assume is when the decision will be made on whether it goes ahead or not.

Check when the cut off date is for objections too.

Have a chat with other neighbours see what they think. They may not be aware of the planning application.