Help with planning objection

tagz

Hi

Our new next door neighbour has put in planning permission for his house. He wants to extend the loft, build ontop of the kitchen extending the first floor and extend the ground floor and add a conservatory. Must be costing him a packet! We don't object to the loft or ground floor plans but the first floor extension will block our light and make our garden feel overshadowed. He mentioned some plans when we first met and he said something about a 45 degree rule. What is that and how do I prove that he has/hasn't applied it. I have a sneaky suspicion that he wants to let out the house in flats, however on the plans he has declared it as being a family house. I'm afraid that it will spoil our house. I really don't mind how far he extends on the ground floor but this first floor extension will be an eyesore.

swagman

I think the simplest thing to do is to call at the Planning Department, where you should be able to see the plans. Whilst there you can ask one of the planning officers about what rules govern the effects this may have on your own property. I have always found them willing to discuss things like this.

Then you can decide whether to put an objection in, presuming it is not too late. But don't hang about or it will go to the Planning Committee before you have a chance to object. It can help if other neighbours also have anxieties about the plans.

Debt_Free_Chick

In general, "right to light" is not a planning issue - see here. You will need to establish first if you actually have a right to light - and if you do, it will be a common law right and still won't be a matter of planning law.

More guidance and an explanation of the 45 degree rule here

skipton

Might I suggest you research the 45 degree rule and also the Party Wall Act.

Neither of these issues are Planning issues and simply because someone obtains planning permission does not mean they can ride rough shod over any right of light you might have acquired over the years.

Please understand that neither of these issues are of interest to your local planning officer. They are not within his remit or powers. Thus one cannot raise objection to development based on either of these issues.

The Party Wall Act, if disregarded, can be enforced by applying to the courts for an injunction. It is an issue that few people realise that their developing neighbours must adhere to by law.

To reiterate most people believe, quite wrongly, that having planning permission gives them carte blanche to execute the development work without having due regard to their neighbour's right to light or the requirements of the Party Wall Act.

If you need further help, there are specialists, but they do not come cheaply. Often the simple threat, if well submitted, will be sufficient to persuade neighbours to rethink and not be quite so selfish.

I hope this is of some help.

tagz

Debt-Free Chick

That's a brilliant site. Thank you!

hjb123

Also check out your local council website - our local council has all the planning applications online for you to look at - makes interesting reading do some of them!

bostin

tagz,
It seems you are thinking along the right lines in terms of phrasing an objection. I would write your letter to include the phrase "I object" and "the proposed first floor extension would cause significant harm to my residential amenities by reason of its siting, scale and design which would have an unacceptable overbearing impact on my amenities etc".
Don't assume that the application will go to the Council's committee. Most applications are dealt with by officers. Therefore get your concerns in writing to the Council asap.
HTH
Bost
p.s. if you phrase your letter in a knowledgable way you may well swing it if the officer is in two minds. I know that it can when I read objection letters!

Doozergirl

I thought you could acquire the right to light to the house, but not at all to the garden

Debt_Free_Chick

Doozergirl wrote: »

I thought you could acquire the right to light to the house, but not at all to the garden

You can - but it's not a planning matter. The planning officer is not concerned with individual rights, but on the impact the development will have to the neighbourhood, as a whole.

You can have right to light, with your neighbour getting planning permission. You then have to enforce your rights according to common law - not planning law.

Nightmare :eek:

anotherbigspender

bostin wrote: »

p.s. if you phrase your letter in a knowledgable way you may well swing it if the officer is in two minds. I know that it can when I read objection letters!

Then you are an embarrassment to your profession :mad:

One of your jobs as a planning officer is to interpret the points that members of the public are trying to make, not to take more heed of letters that look like they might have been written by someone with a planning background.

I do hope that was a flippant remark and not something that you actually practice on a regular basis.

Next you'll be wanting all your public consultation responses to come back with Local Plan / UDP policy references so you needn't bother thinking for yourself!

@ the OP - Whilst its good to know that you've lodged your objections and 'done your bit', the reality of the situation is that if your neighbours extension falls foul of policy then it will be refused permission anyway.

marybishop

One thing you can say about planners is they're definitely inconsistent!