Permitted Development extension & Neighbour consultation confusion

Naomim

Hi,

I live in a row of terraced houses. The two neighbours to my right have 3m single storey extensions with a flat roofs. Then there's my house and my neighbour to my left who neither of us have extensions then their neighbour to their left who has a 3m single storey extension with a flat roof.

DH and I have had plans drawn up for a 4m single storey extension with a pitched roof within permitted development. I discussed it with my neighbours and gave them copies of our plans. Got party wall act signed as we want to remove chimney breast.

I have applied to the council under the neighbour consultation scheme and both immediate neighbours have raised objections. Neighbour to the right with the extension said she wasn't happy with us having a pitched roof as all others are flat and says she will lose light. Neighbours to left with no extension say they will lose light and it will be overbearing as they will be the only house in a row of 5 without an extension.

So this is my confusion... if it's permitted development, surely the council can only ask us to change our plans so we had a flat roof like the others and maybe reduce to 3m instead of 4m? Is that right? They can't ask us to abandon our plans completely?

Thanks

Naomi

stator

The neighbour consultation scheme only applies to the increased permitted development, so if you scale back to the old permitted development then you don't need to use it.
So wait for the council to make their decision. If they say no then amend and resubmit, or scale back to 3m and build.

bgm_co

Their objections would have to be backed by policy, just because they object doesn't mean the application will be rejected. The case officer will assess their objections accordingly.

If your proposal doesn't conform for one reason or another and is suggested prior approval is required then if you still want to take advantage of your permitted development rights adjust your application accordingly to satisfy the case officers concerns. Or reduce your proposal to 3m and keep with in the legislation for permitted development that doesn't require neighbour consultation.

Also as a side note, your party wall agreement for chimney breast removal will be a different agreement to a PW agreement for excavation near your neighbours foundations.

Naomim

Thanks, we haven't applied to the neighbours for the party wall excavations as we weren't sure if we needed to. We have included the foundations paperwork with the plans ie; showing how deep we are digging.

mishkanorman

could you approach the neighbour without the extension and see if she wants to get one done at the same time ? Save on costs / mess etc and will resolve her concerns at least

Naomim

I would love to but they refuse to talk to us. Last year we applied for a two storey extension. DH was meant to talk to them but I think he mentioned it in passing as they were putting their dogs on their car. Rather than taking time to actually talk.
This time I went round with the plans told them what we were planning & left them with copies of our plans and asked them to discuss any concerns with me.
Sadly they haven't approached me but just objected with sarcastic comments added about how well thought out it is!
I dint think they'll be round for a cuppa any time soon!

DRP

Naomim wrote: »

I would love to but they refuse to talk to us. Last year we applied for a two storey extension. DH was meant to talk to them but I think he mentioned it in passing as they were putting their dogs on their car. Rather than taking time to actually talk.
This time I went round with the plans told them what we were planning & left them with copies of our plans and asked them to discuss any concerns with me.
Sadly they haven't approached me but just objected with sarcastic comments added about how well thought out it is!
I dint think they'll be round for a cuppa any time soon!

how do you know written comments were sarcastic?

I'd be around there asap to discuss issues, reassure etc...

Naomim

DRP wrote: »

how do you know written comments were sarcastic?

I'd be around there asap to discuss issues, reassure etc...

All the planning information is on the council's online portal including their objections.

When I visited with the plans it was very awkward. They were so frosty to the point of rudeness and I was trying to be as friendly as I could. I can't stand confrontation and the thought of knocking on their door again terrifies me! I can't send DH round as he'd have none of it and end up giving them a piece of his mind! They already haven't spoken to us for a year....

fezster

I think if permitted development under the neighbour's consultation is rejected, then you will be advised to submit a full planning application. I'm not sure if some councils are automatically rejecting PD if any neighbour objects, but it certainly seems possible from the few cases I've been told about.

bgm_co

Have you spoken with your case officer who is dealing with your application? What are their thoughts?

Naomim

Yes we'we spoken to them. Our neighbour to the left also mentioned a porch we are planning and the fact that we haven't put anything about where the boiler flue will go.

The planning officer said there is no problem whatsoever with the porch as is within permitted development completely. They said because there are objections they will have to look into our case either by visiting or using google maps so couldn't say whether it will or wont be accepted.

I'm hoping that by the neighbour also complaining about the porch and the boiler the council will see that they are trying to bring up anything to stop us; rather than what's a "real" objection. I'm pretty sure the boiler flue isn't anything to do with them unless it's blowing into their garden or on their wall which neither will be the case.