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Planning application question.

Apologies if this is in the wrong place, but can't see where else to put it? Mods please move if appropriate.

My next door neighbour has put in a planning application to build a second storey over his garage and current extension. It will be huge, right up to my boundary, and will turn the passageway between our houses into a dank, damp corridor. I will lose almost all the light from the side window in my living room, and their new en-suite will have a perfect view into my back garden.

The previous owner put in plans that were almost exactly the same; they were rejected and he built a single storey extension instead - which already impacts on the light coming into my side window.

I want to object. Please can anyone tell me what are, and are not acceptable grounds, and how to phrase the letter I'll have to write?
Thank you for any suggestions.
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Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The council planning committee must have had reason(s) to reject the previous owner's application.

    Look up the previous application. Find out what these were. If they're still valid, cite these as your primary objection.
  • *Robin*
    *Robin* Posts: 3,364 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker Stoptober Survivor
    Thank you for your reply, Googler. I have spoken to the planning officer; he told me he would find all previous planning issues to do with the house, before making his decision.
    I was not offered the option of looking at the previous application myself - where can I find it, please?
  • James_N
    James_N Posts: 1,090 Forumite
    Part of the Furniture 500 Posts
    *Robin* wrote: »
    Apologies if this is in the wrong place, but can't see where else to put it? Mods please move if appropriate.

    My next door neighbour has put in a planning application to build a second storey over his garage and current extension. It will be huge, right up to my boundary, and will turn the passageway between our houses into a dank, damp corridor. I will lose almost all the light from the side window in my living room, and their new en-suite will have a perfect view into my back garden.

    The previous owner put in plans that were almost exactly the same; they were rejected and he built a single storey extension instead - which already impacts on the light coming into my side window.

    I want to object. Please can anyone tell me what are, and are not acceptable grounds, and how to phrase the letter I'll have to write?
    Thank you for any suggestions.

    Your objection could fall under any or all of these factors:

    Right to light / overlooking / "massing"

    Right to light:
    Useful C4 programme
    http://www.channel4.com/4homes/build-renovate/building-renovating-advice/planning-planning-laws-right-of-light-a-guide-10-06-24

    Overlooking: their windows should not normally look directly into yours

    Massing: councils dislike what they term "massing" on the boundary of a domestic property
    Under no circumstances may any part of my postings be used, quoted, repeated, transferred or published by any third party in ANY medium outside of this website without express written permission. Thank you.
  • Flat_Eric
    Flat_Eric Posts: 4,068 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    *Robin* wrote: »
    Thank you for your reply, Googler. I have spoken to the planning officer; he told me he would find all previous planning issues to do with the house, before making his decision.
    I was not offered the option of looking at the previous application myself - where can I find it, please?

    Have a look at the website for your Local Authority There should be a planning applications page and hopefully (as I don't think all Council's have them online) a search option - you would just enter the address for the property and it should come up with the planning application that was refused and perhaps any other applications that have been made. If you can't find anything online, worth popping in to the Council offices (if practical) and ask for a copy. They might charge you for this.
  • *Robin*
    *Robin* Posts: 3,364 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker Stoptober Survivor
    James_N wrote: »
    Your objection could fall under any or all of these factors:

    Right to light / overlooking / "massing"

    Right to light:
    Useful C4 programme
    http://www.channel4.com/4homes/build-renovate/building-renovating-advice/planning-planning-laws-right-of-light-a-guide-10-06-24

    Overlooking: their windows should not normally look directly into yours

    Massing: councils dislike what they term "massing" on the boundary of a domestic property

    Thank you very much, James_N - all very useful information, although I am struggling to understand "massing".

    Something else that occurred to me is that, if this extension is permitted, they will have to put scaffolding on my property - can I refuse to let them do this as it will completely block my access to my back garden (and I don't want them to build there anyway)?

    The new windows will look into my gardens (back and front) but not into my windows - can I still use 'over-looking' as a reason to object?

    Loss of light is certain so I'll use that.


    Flat Eric thanks for your comment too - when I've got time I'll go to the offices and ask for the old application as it was too long ago to be on their database.
  • casperlarue
    casperlarue Posts: 647 Forumite
    Part of the Furniture Name Dropper Combo Breaker
    *Robin* wrote: »
    Something else that occurred to me is that, if this extension is permitted, they will have to put scaffolding on my property - can I refuse to let them do this as it will completely block my access to my back garden (and I don't want them to build there anyway)?

    Yes you can.....

    Also, if the previous owners application was refused it was maybe on the grounds of over-development....you could use this as a valid reason for objecting.
    "Put the kettle on Turkish, lets have a nice cup of tea.....no sugars for me.....I'm sweet enough"
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    *Robin* wrote: »
    Thank you for your reply, Googler. I have spoken to the planning officer; he told me he would find all previous planning issues to do with the house, before making his decision.
    I was not offered the option of looking at the previous application myself - where can I find it, please?

    Did you ask to see it?

    For my area, I can look at the council's website - they have a planning portal which shows every application since around 2000. Can browse the plans and the planning officers' reports.

    For apps before 2000, I can walk up to the reception desk, and either ask to see a specific application, if I know its year and number, or ask for the ledgers relating to a specific year. I can then look through the ledger for the address, get the app no and ask the desk to get the app out of storage.

    The admin staff and planning officers are being paid by your council tax, and are there to serve you, the council-tax payer. Ask them for assistance re the best way to find the app you're interested in. It's what they're there for.
  • kmmr
    kmmr Posts: 1,373 Forumite
    *Robin* wrote: »

    Flat Eric thanks for your comment too - when I've got time I'll go to the offices and ask for the old application as it was too long ago to be on their database.

    Are you sure it's not online? How long ago was the application. In my experience planning portals are a wealth of information, but they always seem to make it hard to find!

    Where are you? PM me if you want - I quite like poking around planning websites!
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    *Robin* wrote: »
    Something else that occurred to me is that, if this extension is permitted, they will have to put scaffolding on my property - can I refuse to let them do this as it will completely block my access to my back garden (and I don't want them to build there anyway)?

    You can refuse access to your property, unless such access is written into yours and your neighbour's title deeds, allowing each of you reasonable access to the other for maintenance, etc.

    Disallowing such access has no relevance to the planning application, though......
  • mildred1978
    mildred1978 Posts: 3,367 Forumite
    *Robin* wrote: »

    The new windows will look into my gardens (back and front) but not into my windows - can I still use 'over-looking' as a reason to object?

    .

    I very much doubt it. My back garden is technically overlooked by 13 windows, including some bathrooms (some are shielded from view by trees) and that's just the way the houses are built! Bathroom windows I believe have to have privacy glass - id have thought the concern would be people in the bathroom being seen from your garden than the other way around!!
    Science adjusts its views based on what's observed.
    Faith is the denial of observation, so that belief can be preserved.
    :A Tim Minchin :A
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