About to complete on a property - neighbour just put in a planning application

JonClay

Hi there everyone

We exchanged on our newly purchased property last week and are seeking completion during mid-February.

Our Solicitor has today sent us a copy of a letter received recently by our vendor. The letter outlines a planning application that has been submitted by our upstairs neighbour for a dormer to be added in their roofspace.

Considering we have now exchanged but don't yet officially own our new property, do we have any right to object to the application if we feel that it will cause issues for us? Bearing in mind, the last date for objections is prior to our completion date.

Also, we are unsure if our vendors knew about this before exchange took place. I suppose they will say "No" and it's their word against ours.

Has anyone else come across this situation?

Many thanks
Jon

Tyler119

Will the proposed plans cause you any long term issues? Has the same sort of work been carried out on other properties?

System

anyone can raise an objection to a planning application, but what is the material planning concern that causes you concern?
some of the projects I have worked on have even raised complaints from people living in other countries!

kinger101

You can object, but whether the planning authority will take any notice is a different matter. You'd need very specific grounds for objection, and I feel that with a rear-dormer, you've practically no chance of blocking it. The window overlooking your back garden wouldn't be regarded as loss of privacy from what I've observed in the past.

Is the letter you've received a copy of dated prior to exchange? I don't see how they could have possibly known if not.

anselld

Who is the Freeholder? Have you checked that they are aware of the plans and have granted consent?

moneyistooshorttomention

kinger101 wrote: »

You can object, but whether the planning authority will take any notice is a different matter. You'd need very specific grounds for objection, and I feel that with a rear-dormer, you've practically no chance of blocking it. The window overlooking your back garden wouldn't be regarded as loss of privacy from what I've observed in the past.

Is the letter you've received a copy of dated prior to exchange? I don't see how they could have possibly known if not.

On that second point - there is a difference being "knowing" and being "officially told". I think there is a possibility the vendor hadnt been "officially told" - but did "know" (ie the neighbour or some other neighbour had mentioned it to them - so they did know all about it).

I suspect the vendor knew very well - but had been told they arent deemed to "know" unless they've been "officially told in writing".

In OP's position - and lumbered with having Exchanged Contracts because the vendor didnt let on - I'd probably feel I needed to "make the best of a bad job" and start reacting to the Council as if I were already the owner and write in letter of objection to them on that basis.

DaftyDuck

Why do you want to object? Seriously, why? Presumably there are other windows overlooking, it's going to have a whole lot less impact than a rear extension, it is probably indicative of a cared for property, and if he gets permission, it's easier for you to do so at a later date.

You may have good reason - your post doesn't make that clear...

Doozergirl

DaftyDuck wrote: »

Why do you want to object? Seriously, why? Presumably there are other windows overlooking, it's going to have a whole lot less impact than a rear extension, it is probably indicative of a cared for property, and if he gets permission, it's easier for you to do so at a later date.

You may have good reason - your post doesn't make that clear...

Agree. If there are first floor windows already, then another window isn't going to make any difference, and is invisible from next door when you're inside. The neighbours will still spend the vast majority of waking time in the ground floor.

I'd be careful not to destroy any potential relationship woth new neighbours without a valid planning reason. There won't be too many for a loft conversion. And, yes, it will be far less intrusive than an extension.

People are allowed to extend their homes, incuding those who complain. It is a simple fact of life. Dormers often fall under permitted development and don't even need PP.

I suggest looking at the plans online if you haven't already and calling the planning officer to see what their views are. They'll know if it conforms with planning policy or not. There is absolutely no point in rocking the boat if it is going to fly through planning regardless.

System

Unless you have proper valid, material planning concerns about a former window (very rare for rear dormers to create any I'd imagine that the only reason this one isn't permitted development is because it's a flat, so will likely fly through) - all your objection is going to do is ruin any kind of relationship with your new upstairs neighbours before you've even met them.
Just because a neighbour has a planning application doesn't mean you automatically have to object to it, no matter what the daily mail says

Fuzzyness

what difference will it make to you if your neighbour can see in to your garden from a second floor dormer as opposed to a first floor existing window? object if you want but you'll get nowhere and start off on a bad foot with your neighbour who will be easily be able to find out who said what about their plans.

tim123456789

Ah, I've just realised this is a flat

The reason why ground floor owners complain about upstairs neighbours wanting to expand into the roof space is because they have a material interest in the integrity of the roof and are jointly responsible for the upkeep of it. Upstairs neighbour messing around with roof and doing it wrongly, could see downstairs flat liable for (half of) a big bill.

But this is an issue that needs to be resolved via the freeholder and the maintenance agreement, it isn't a planning issue