Neighbours planning application, help needed for rejection.

Brit27

Hi, I have been living in a three bedroomed semi since November last year, in that time my neighbours have been renovating their house, which was bought at auction approximately 10 months before we moved in. They are treating the property as an investment/hobby and have not been resident during this period, apart from odd days when they have carried out work.
In the year that we have owned our house, we have had to put up with all the noise and disruption that their renovation has caused and as I work on a nightshift, this has caused me some headaches, including obvious lack of sleep ! However we have reamined very civil with the owners at all times. We have been informed by them, that they are going to rent out the property next March, as the work has now been completed and they want a 'rest' over the winter months.

I was therefore quite shocked recently when I received a planning application notice from my council, for a two storey side extension to the side; single storey extensions to side/rear together with extennsion to existing vehicle crossover(demolition of existing single storey rear extension). This after all the work that they have just completed ! (Soon to be shown on BBC's 'Homes under the hammer').
Today I also received a letter from Part Wall Surveyors informing me of the proposed work and an application form for formal authorisation.
Naturally I am not happy with this proposed work after having to put up with the noise and disturbance since buying this house. I was told by the owners that an original application for building work had been turned down by another neighbour before we moved in, but they have not informed of this application at all, only that they were to rent it out !
How can I object to these plans ? I know that the council will not listen to the fact that my life will be turned upside down again through disturbance, lack of sleep, privacy etc. The stress that will build during the work will have a very negative affect on my private life.
I cannot understand how they have not mentioned any of this proposed work to me ?
I have read through previous posts and have taken onboard as much as I can with the help of various internet searches and want to put together a decent resaon for rejection but am struggling, can anybody help ?

jgh

Write to the council's planning department, well before the deadline for consulations. Check the council's website for local planning policies.
You believe the development will have inappropriate massing (that's the physical bulk of the building)
You believe the development will be out of character for the local area (give examples of the character of the houses nearby)
You beleive the development will encroach too much towards neighbouring properties - your council may have local policies regarding this
On order to minimise disturbance and disruption to neighbours, delelivers and work should not be done outside the hours of 8am - 6pm is a usual condition.
What council is it, and what's the planning reference number (PM me if you don't want to make it public)

Desperado99

Our council has a search facility on it's website for planning applications and lists previous ones along with their objections. If it's the same for your local authority you should be able to find their previous application online along with any objections and why it was declined, this may help you in formulating your objection to the current application.

kmmr

Objecting to planning has to be done carefully, as planners will ignore most of the things that REALLY annoy you - such as noise and mess, and impact on property values.

As mentioned above, your council will have a planning guide for you to look at. In my borough it's called the "Unitary Development Plan" and we read through the UDP and identified exactly which clauses we felt were being breached. Such as building over more than 50% of the garden, building too close to boundaries, rooms all too small, and no consideration of waste disposal etc.

We also made sure we had a discussion with the nominated planning officer as soon as possible, which was before he went to visit the site. This was helpful as it made it clear to him our concerns so he could have them in his mind when he went to see the site.

Forget the party wall stuff for the moment - just make sure you say 'no', but I think a nil response automatically starts a dispute. Remember the point of that act is to ALLOW access to your property for building work on neighboring property, and its not a good way to try and prevent approval or work being done.

rpc

Brit27 wrote: »

Today I also received a letter from Part Wall Surveyors informing me of the proposed work and an application form for formal authorisation.

Do not sign this!!!

You are entitled to appoint your own surveyor and they get to foot the bill.

Fire_Fox

Read your local council's planning policies and the government's Planning Portal, acceptable grounds for objections are generally stated there. Also read the old planning application, find out on what grounds it was refused and use that.

Noise or disturbance during building works should be reported to Environmental Health if this occurs. Use wax ear plugs or even have silicone ones made for you, these are far superior to foam ones.

Brit27

Thank you all very much for your quick and informative responses to my problem, I have unfortunately left things a little late with my reply to the council, as I have only until the 16th of this month to respond, I was hoping to talk with my neighbours before then but they haven't been near the house since the BBC came back to film for their TV program.

The application is going through the Medway council and the application number is MC/12/2553 , I am not sure on where to find the previous application ? I am currently reading through their planning guides and trying to take everything onboard, before emailing my reason for rejection.

I did try everything with trying to conceal the noise, including ear plugs, at times however it felt as though my bed was bouncing up and down when concrete was being broken up, paths and patios were being laid, walls were being knocked down etc :mad:, I just find it hard to believe that they are now going to start all over again, unless they are trying to sell the property with the planning permission granted as an incentive to attract buyers ?

I have traced the previous refusal, here was the reason :
The scale of the development in terms of width and siting would be inappropriate in relation to the existing appearance of the dwelling and the surrounding street scene, combined with the sites' position close to the junction of Amethyst Avenue and Barberry Avenue would result in a form of development that would be excessive and unduly prominent from neighbouring properties and the highway and is contrary to Policies BE1 & CC6 of the South East Plan 2009 and Policy BNE1 of the Medway Local Plan 2003

Should I word similar concerns in my rejection ?

Fire_Fox

You have not left it too late if you crack on and start researching now, submitting your objections to the council by hand. Much of the information you require is online as already stated and you could shift your sleep patterns a little to visit or telephone the council in office hours if necessary. I certainly would in your shoes! If the noise and vibrations were that bad you should have contacted Environmental Health not suffered in silence.

Brit27

Well my neighbour who appeared on Monday's BBC Homes Under the Hammer, had his planning application refused, this actually came on Monday afternoon .
Although he lives 25 miles away from this property (which is currently empty), he was up here cutting the grass at 8 am Tuesday morning !!! He knows that I work on a nightshift, so was seeking his revenge for my planning objection. Rather worryingly though, there has been a very strange metallic squeaking noise coming from the empty house since he left late morning, I'm wondering if he has left some sort of irratating noise device running to upset us ?

aleenajoe

I think it's the aforementioned for your bounded ascendancy you should be able to acquisition their antecedent appliance online forth with any objections and why it was declined, this may advice you in formulating your argument to the accepted application.

moneyistooshorttomention

Try ringing the Council's Environmental Health Department if the noise persists. They have the right to supply you with forms (on which you record time/date/nature of noise) and to come out and listen to the noise themselves (complete with a recording device they have). Wondering whether this device is a smoke alarm with a failing battery and it's beeping to attract attention? (and yes the Council can request an antisocial neighbour to deal with it).

You've now got me wishing I'd paid more attention to Monday's "Homes under the hammer" programme. Racks brains - I think I saw the people you mean...might go back on Iplayer to check them out...

Wishing you good luck with this.