contesting application of 45 degree rule for rear extension

scofra

We live in Scotland, where we understand the Right-to-Light doesn't exist in legal terms... But hopefully, someone can help on the following:

Recently, our neighbours applied for building permission for a 1/2 storey rear extension. The plans were approved (although we had objected- through the official channel-, about overbearing, overshadowing and overlooking). We were told that "the potential overshadowing was assessed utilising the 45 degree rule as set out in the BRE... Guide to Good Practice. The orientation of the proposed extension in relation the your property was taken into account of into the assessment".

After much research, we understand that the 45 degree rule has- in the strictest definition- two components: horizontal and vertical. When we apply the horizontal component to the centre of windows of concerned habitable rooms- kitchen/dinning room AND dinning/family room- or also to the nearest corner of the house, the extension intersect the 45 degree line (<12m length). Trying to estimate the vertical component is difficult, but possibly borderline eitherway.

We have the impression that the rule has not been applied properly. We have tried to get more information from the council, to no avail. When errors at the council have been made, is there a way to correct them? Has anyone had a similar experience? Any suggestion as to what further steps could be taken (it seems that complaining to the scottish ombudsman will only result in advice being given to the council for future decisions)?

We are not totally against ANY extension, but the current plans seem greatly overbearing from our side...

spyrothedragon_2

I don't know what area you're in, but here's a link to some info from Falkirk Council:
http://www.falkirk.gov.uk/services/development/planning_and_environment/supplementary_planning_guidance/PDFs/house_extensions.pdf
Most council's will have this type of guide on their websites, and you should also be able to view your neighbour's plans on-line (and apply the 45 degree lines yourself onto accurate 2-D drawings). Remember that most of the info is guidance, not regulations. It's written to cover all scenarios and the diagrams are conveniently drawn on flat sites, with a perfect north/south orientation. Because it covers such a wide variety of house types and locations it has to be vague and is therefore open to interpretation. As planning permission has already been granted I don't hold out much hope for you. This is from Falkirk Council:

Unlike an applicant who has a right of appeal to the Council's Planning Review Committee on a local scale application or to the Scottish Ministers on a major scale application, you have no right of appeal if you are aggrieved by the decision. If the applicant appeals the decision, you may be involved to either support the Council or the applicant in the appeal process.
In some instances you may feel that the Council has failed to follow the correct procedures in processing the application. If this is the case, you may be able to complain to your Local Ombudsman. The address is:
The Scottish Public Service Ombudsman
4 Melville Street
Edinburgh
EH3 7NS
Tel: 0800 377 7330
email: [EMAIL="ask&#64;spso.org.uk"]ask@spso.org.uk[/EMAIL]

The full article is here:
http://www.falkirk.gov.uk/services/development/development_management/commenting_on_an_application.aspx