Any advice re opposing planning application for large extension?

kuepper

Besides the fact that he's already caused mayhem (see https://forums.moneysavingexpert.com/discussion/4847301 and https://forums.moneysavingexpert.com/discussion/4820974 ) our neighbour of adjacent semi has submitted plans for extension that is 5.3m long and 3.55m high at the ridge.

The length is the whole length of our garden which means we'll no longer get much - if any - sun if it goes ahead and our garden will be in shadow most of the time, and light to our kitchen will be considerably reduced.

Anyone successfully challenged this sort of thing and what arguments were used?

Dave_the_Ginger_Cat

I opposed a neighbour's much smaller extension much on the basis you describe and it was turned down

Have a chat with your planning office, they may have no chance anyhow

kuepper

Dave_the_Ginger_Cat wrote: »

I opposed a neighbour's much smaller extension much on the basis you describe and it was turned down

Have a chat with your planning office, they may have no chance anyhow

I have, they've basically been non commital except to say they can build an extension 3m long without needing any planning permission anyway which shocked me but it seems to be true - thanks to Parliament

bouicca21

In my last house I successfully objected to pp for a building in next door but one's garden. I read through the planning guidelines in detail to see what was and was not a valid objection. Then put together a case.

One of the factors that may be relevant to you was that the building necessitated removing a couple of small trees (not subject to a tpo, but the council were nevertheless interested). Another was alteration to the character of the neighbourhood. My neighbour was going to run a small business from his proposed building so I was able to chuck in things like increased traffic and that the nature of the business would cause nuisance. The residents association was also onside so mine was not the only objection.

silvercar

My council has a rule that prevents extensions that protude across a line drawn at 45 degrees from the rear facing windows (habitable and kitchen only) of neighbouring houses.

http://www.hertsmere.gov.uk/Documents/09-Planning--Building-Control/Planning-Policy/Planning-Publications/Design-Guide-Nov-06-Part-E.pdf

AdrianC

kuepper wrote: »

I have, they've basically been non commital except to say they can build an extension 3m long without needing any planning permission anyway which shocked me but it seems to be true

There are "permitted development" rights, but they aren't anywhere near as simple as "Can build a 3m extension no problem". Even if they were, this extension definitely wouldn't fall under them, so he has to apply for PP.

When he does, you have to be notified formally. That's when you get the opportunity to object - and if it'd be as overwhelming as you say, then that'd certainly be a legitimate objection.

lincroft1710

kuepper wrote: »

our neighbour of adjacent semi has submitted plans for extension that is 5.3m long and 3.55m high at the ridge.

The length is the whole length of our garden

If the length of the extension is the same length as his garden, there is a possibility it may be rejected on the grounds of over development of the plot.

patman99

You can only use the 'right to light' argument if you have lived in the property for at least 18 years.
I would guess the extension is for the kitchen as at a height of 3.5m it is only going to be a single storey jobbie.

Your arguments might be able to include the devaluation of your property due to the shading of the back garden. Other points could be access for maintaining the wall nearest your boundary or even the risk of flooding from the run-off from the roof during heavy rain.

Don't forget that he will need to access your garden to allow the building of the wall adjoining your boundary. There would be nothing stopping you taking out a Court injunction preventing him from doing this. Although it might not stop the build, it would certainly make it extremely hard and increase the costs considerably.

At the end of the day, you can be a real PITA to him if you wanted to.

kuepper

silvercar wrote: »

My council has a rule that prevents extensions that protude across a line drawn at 45 degrees from the rear facing windows (habitable and kitchen only) of neighbouring houses.

http://www.hertsmere.gov.uk/Documents/09-Planning--Building-Control/Planning-Policy/Planning-Publications/Design-Guide-Nov-06-Part-E.pdf

a few points there I can use, unfortunately I can't find anything similar for Manchester

xylophone

http://www.planningportal.gov.uk/permission/commonprojects/extensions/ might be worth a look.

kuepper

You can only use the 'right to light' argument if you have lived in the property for at least 18 years.

I have only lived here 5 yrs but house has been here 100 yrs, doesnt that count?

Your arguments might be able to include the devaluation of your property due to the shading of the back garden.

I was told by planner reduction in value is not a planning matter

Other points could be access for maintaining the wall nearest your boundary

Good point, the plans show just a 150mm gap between what's left of the party fence wall (it collapsed as a result of him undermining the foundations) and the extension

Don't forget that he will need to access your garden to allow the building of the wall adjoining your boundary. There would be nothing stopping you taking out a Court injunction preventing him from doing this. Although it might not stop the build, it would certainly make it extremely hard and increase the costs considerably.

This sounds v messy and expensive, I would have thought I might have to allow him anyway on grounds of reasonableness?

At the end of the day, you can be a real PITA to him if you wanted to

Agreed but at what cost?