Planning application question.

kmmr

googler wrote: »

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.

Actually I think the Access to Neighbouring Land Act 1992 allows access for maintenance and repair, but not necessarily for development (although I don't know much about this). They could try to use this to get a court order and waste everyone's time and money.

As googler says though, its not a reason to stop the planning application. If the application is approved, you may be better served by trying to ensure the works are to a good standard, and done in as minimally invasive way as possible rather than funding solicitors via a court fight. Or trying to negotiate less windows on your side, in return for allowing the scaffolding.

You would be amazed what a terrible job builders can do on the side facing you if they want!

Read the gardlenlaw site for an insight into how painful neighbour disputes can be.

*Robin*

googler wrote: »

Did you ask to see it?

I did, but have now left a message asking again.

googler wrote: »

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.

This is what I'll probably have to do - think I'll call and make an appointment.

Fuzzyness

or DM me the address of your neighbour and which authority you're n and i'll have a look for you to see whether i can find the application.

*Robin*

Kummr, yes I've checked, the old application dates from pre-database days. Thanks for your offer though, I have taken note of your comments about build quality - but all the neighbours would be up in arms if the job were to be bodged, and I doubt the builders would go along with making that sort of bad advert for themselves round here!

googler wrote: »

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......

No, I didn't think the access question would be a valid reason to object to the proposal - access is certainly is not written into the deeds. Last time we gave permission, but that was in the days before we were required to keep four huge wheely-bins in the passage!

Mildred1978 This 'estate' was built with no clear windows overlooking anyone else's house/garden. Some of the opaque bathroom windows overlook gardens, but all are fitted with a narrow opening section.
The new windows in the proposal have two large openings - so anyone inside will have a perfect view into my garden. However the bathroom inside is so big that only a determined flasher would be exposed if he stood next to these open windows..

I am wondering if the owner knows that an almost identical application has already been refused? He could build on two other sides of his house without impacting anyone - I do wish he'd come to talk to me about it first! :mad:

Fuzzyness

i'm sorry but how much time do you spend in your bathroom looking out into next door's garden? i can safely say i do this for about no minutes a day myself so would hazard a guess your neighbours would do the same.

pimento

The passageway between mine and next door's house (both two stories) is dark and dank but I don;t spend any time hanging out there. I just use if for access to and from the bins.
My en suite (and his) are both on the sides of our house and if I stand on the loo and lean out of the window I can just about see into his garden. Funnily enough, I don't do this.

I can see much more out of the back bedroom window. I don't do this, either.

James_N

*Robin* wrote: »

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

"massing" is a term they use when something is going to be rather large and eye-catching, on or near the boundary, and (in their opinion) out of place. It's almost a catch-all if they don't like it.

*Robin*

James_N wrote: »

"massing" is a term they use when something is going to be rather large and eye-catching, on or near the boundary, and (in their opinion) out of place. It's almost a catch-all if they don't like it.

Thank you James_N :T This describes exactly what the proposed extension would look like!


Windows appear to be a touchy subject. It's true that anyone wanting to look out of the existing bathroom windows on this estate would have to climb over their hand-basin and balance on the window-sill with head twisted sideways - not very likely I agree; it's something I have never been tempted to do myself. But the proposed new bathroom windows next door would be unobstructed, as well as fully opening.

I'm a bit long in the tooth for it, but two of my DILs both enjoy nude sunbathing - on the rare occasions when it's not raining - and I can see definite possibilities for mischief and offence because the neighbours have two pre-pubescent boys. Somehow I think the kids might be very inclined to gawp - this is the basis of my worry about loss of privacy (though I think I might mention that to the children's mother, rather than list it as an objection in my letter to the Planning Officer ).

Mrs_Arcanum

Windows that have openings or would give a clear view into your garden can be objected to only if they to be used for normal daytime activities such as a kitchen or living room. So if someone converts a house into flats the living room & kitchen need obscure glass if they overlook a neighbours back garden.

Massing is a lovely phrase and it is worth sending a picture of your passageway showing where the neighbours extension would turn it in to a gloomy corridor along with your objection. If there are other houses in the area which have been extended, check to see what they have done. If there are similar ones to your neighbours it will not bode well.

Also if this application is to be referred to the planning committee it is also worth writing to all the committee members with your objections including pictures.

The main thing to keep in mind at all times is planning applications can only be rejected for clear planning reasons. Loss of a view or similar will not apply.

planning_officer

You have already described your objections in perfectly reasonable terminology in your first post:

*Robin* wrote: »

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.

These are perfectly valid planning objections, so beef them up a little and little more is needed. Don't get too bogged down with using particular words. As a planning officer, I try and avoid the word 'massing' as it's too vague unless it's clarified. If you just say the massing of the extension is a problem, it means nothing. You need to say why the size, scale, bulk, mass etc is a problem - is it its impact on the character of the street scene or on the amenities of a neighbour? These are two entirely different assessments. From your description above, your issue is that the extension will adversely affect the amenities of your property, by reason of intrusiveness, overshadowing and overlooking.