Objecting to Permitted Development under Neighbourhood Consultation

We have applied to take down our small current extension, built by the previous owners and replace with a 5m deep kitchen/diner under the current Permitted Development rules. It’s single storey, with a window and French doors.

One neighbour, to the back of us, has objected based on privacy. Is this likely to be considered by the Planning Officer as a grounds for rejection? I’m not sure which one of two it is that has objected, but one has high trees in front of the fence so won’t see it anyway. I think it’s the others, who have only just moved into the house. However, they are off to the side and not directly behind us anyway.

It’s stressing me out waiting for the decision as this is the only affordable option for us. We can’t move to bigger after the house prices have gone up 33% since we bought our house. Hence releasing equity to extend where we are.

Thanks for any advice you can offer

Comments

  • TheCyclingProgrammer
    TheCyclingProgrammer Posts: 3,702 Forumite
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    edited 12 October 2018 at 12:59AM
    If your extension falls within permitted development rules and permitted development rules apply to your property then on what basis can they object? I would have thought the only valid basis for objection is if they feel your extension does not meet PD criteria.

    The whole point of permitted development is that so long as you comply with the rules you can just do it. If you have any doubts you could apply for a certificate of lawfulness for proposed development. It should cost half the amount of a full planning application and take 6-8 weeks. It can’t be objected to, the planning officer will simply approve it so long as it meets permitted development rules. In theory you don’t need it if you’re sure but it’s a cheap way to cover yourself if you’re going to drop a 5 figure sum on an extension.
  • Newuser1987
    Newuser1987 Posts: 176 Forumite
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    edited 12 October 2018 at 9:17AM
    If your extension falls within permitted development rules and permitted development rules apply to your property then on what basis can they object? I would have thought the only valid basis for objection is if they feel your extension does not meet PD criteria.

    The whole point of permitted development is that so long as you comply with the rules you can just do it. If you have any doubts you could apply for a certificate of lawfulness for proposed development. It should cost half the amount of a full planning application and take 6-8 weeks. It can’t be objected to, the planning officer will simply approve it so long as it meets permitted development rules. In theory you don’t need it if you’re sure but it’s a cheap way to cover yourself if you’re going to drop a 5 figure sum on an extension.

    The neighbour consultation scheme is not a standard permitted development application. It is exactly what it says a neighbour consultation. The permissible distances under PD is 3 or 4m however this has been relaxed until May 2019 where you can potentially get 6 or 8m (depending if attached or detached). So this advice isnt quite true with regards to what the OP is trying to do.

    With regards to the OP question. Its difficult to say as each council take a slightly different view under this scheme. Some will straight away refuse if a neighbour objects without even checking the objections. Some will make an assessment based on the objection. If the later you should be fine.

    However it is still worth considering submitting a full planning application as I have had many applications for 5-6m approved under a normal planning application.

    With regards to the neighbour consultation scheme are you aware that the extension needs to be built by May 2019 to be approved? You wouldnt have this restriction with a full planning application.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    With regards to the neighbour consultation scheme are you aware that the extension needs to be built by May 2019 to be approved? You wouldnt have this restriction with a full planning application.
    Built or begun?
  • Davesnave wrote: »
    Built or begun?

    Built. You have to fill in a form for the council and they may come and check that it has been completed.

    It is highly likely that they will extend the May 2019 date as this is what they done previously. However until they announce this any decision notices will say:
    2. The development shall be completed on or before 30th May 2019
    3. The applicant / developer shall notify the local planning authority in writing of the
    completion of the development as soon as reasonably practicable after completion,
    and include:
     The name of the developer;
     The address or location of the development; and
     The date of completion.
  • Doozergirl
    Doozergirl Posts: 34,064 Forumite
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    Davesnave wrote: »
    Built or begun?

    It can only be 'begun' as that's the rule for full planning permission where it has a three year time limit.

    I imagine they will continue to extend the scheme again if it's thought to save time and money in the public sector!
    Everything that is supposed to be in heaven is already here on earth.
  • teneighty
    teneighty Posts: 1,347 Forumite
    With the "neighbour consultation" applications if a neighbour objects the Council only have limited grounds to refuse the application based on loss of amenity.

    I fail to see how a single storey extension can affect a distant rear neighbour's privacy so I suspect the Council will approve it. If it had been a close neighbour to the side then they often get refused.
  • Doozergirl wrote: »
    It can only be 'begun' as that's the rule for full planning permission where it has a three year time limit.

    I imagine they will continue to extend the scheme again if it's thought to save time and money in the public sector!

    Unfortunately it is 'built' for the neighbour consultation applications. However what I am starting to do for clients who fear they may not be able to complete by then is firstly get approval under the consultation application and then apply under a full planning application. Then you are given 3 years to start.

    Its quite backwards but the problem is that most councils standard permissible distance is 4m so you normally have to do the consultation scheme first to gain the extra distance. This is because its a national scheme and not something that normally complies with local policies.
  • Hi ‘Newuser 1987’, I’m currently going through a similar process and we have submitted an application to our local council for a 6 metre ground floor rear extension under the neighbour consultation scheme. To be honest, I’m losing hope as I don’t think I will be able to get it done by May 2019 due to financial restrications.

    I came across this thread where you mentioned that it’s possible to extend for 3 years under a full planning application. My architect didn’t mention this to me. Does this apply to all councils and is this a standard policy across the board in UK?

    Is there anyway I can contact you directly to clarify?

    Your help will be much appreciated.
  • Built. You have to fill in a form for the council and they may come and check that it has been completed.

    It is highly likely that they will extend the May 2019 date as this is what they done previously. However until they announce this any decision notices will say:
    2. The development shall be completed on or before 30th May 2019
    3. The applicant / developer shall notify the local planning authority in writing of the
    completion of the development as soon as reasonably practicable after completion,
    and include:
     The name of the developer;
     The address or location of the development; and
     The date of completion.

    Hi, I came here to ask a question around this issue. My 30th May deadline is going to be tight, but I am under the impression that it is only the structure that needs to be complete. Is that correct? I am going to be fitting a new kitchen in the structure, but don't intend to fit until start of June, after the deadline. Fingers crossed they extend and that would make life easier, but just checking in case they don't.

    Thanks in advance
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