Can freeholder build above my penthouse?

kuratowski

From the above sounds like you have no chance to prevent the development.

Probably grasping at straws, but is the (current) penthouse big enough to be split into two flats? In some developments the top floor flat might be a lot bigger than the ones lower down. So might be worth offering to sell your flat to the freeholder. They might agree to buy from you at a fair price, if they consider they could benefit from splitting yours at the same time as building the new floor.

euromike

gwynlas wrote: »

You need the support of your fellow leaseholders to effectively block this development or negotiate a deal to compensate you for all building work you will be facing.

There is massive opposition from multiple leaseholders against this development. There is an active residents’ group, and in the very short time since this was announced, very many voices calling on all to object, etc. There would be impact on numerous other flats, especially ground floor ones who already get very minimal amount of natural light and this extension would significantly reduce that further. I’m pretty sure we can get a dozen, maybe couple, objections sent to the council.
Then on the other hand, surely *any* time an extension like this is proposed, neighbours object - whether on reasonable grounds, or through sheer nimbyism. So do councils even take those into account? Surely if there is adverse affect on neighbouring properties, planners will know about it , whether an objection is raised or not. So how much do those objections actually affect the end outcome?

Newuser1987

euromike wrote: »

There is massive opposition from multiple leaseholders against this development. There is an active residents’ group, and in the very short time since this was announced, very many voices calling on all to object, etc. There would be impact on numerous other flats, especially ground floor ones who already get very minimal amount of natural light and this extension would significantly reduce that further. I’m pretty sure we can get a dozen, maybe couple, objections sent to the council.
Then on the other hand, surely *any* time an extension like this is proposed, neighbours object - whether on reasonable grounds, or through sheer nimbyism. So do councils even take those into account? Surely if there is adverse affect on neighbouring properties, planners will know about it , whether an objection is raised or not. So how much do those objections actually affect the end outcome?

The objections need to have grounds in the terms of planning policy. Numbers have no impact. I have had schemes with over 100 objections still receive planning approval. You best bet is to speak with a planning consultant to prepare a valid objection on behalf of the residents. This may cost around £1500 so you may need to try and get neighbours to contribute.

Depending on your local authority if a certain number f objections are received it will be called into committee. You can also speak to your local Councillors to ask them to pull it into the committee meeting. The councilors are then able to vote on the application. They are still required to base their decision on planning policy. So their is still a slim chance. They will need to refuse based on something more subjective like design or over-development.

zagubov

I've heard of this happening in Central London.

I fully accept that London needs to build upwards rather than outwards.

I've always had two questions: could the foundations deal with it and do the current residents have to allow utility connections to be worked on?

And what moron would buy the new penthouse if they found out the owner has a track record of building above existing ones?

seradane

If the freeholder has submitted a planning application, most (if not all?) councils you can see all the planning application documents online.

Search for (your council) + planning, and there should be a way to search for planning applications on the council website - so at least you will know for sure what is being proposed as opposed to guessing.