balony overlooking garden

dexterpierson

Next door have applied for planning permission for an extension with a balcony. On the plans they have submitted the boundary of the gardens of their and our house is wildly inaccurate. Could this be due to the positioning of the proposed balcony? It would overlook our garden because of the angle of the houses but is the gardens boundaries were where they have suggested on the plan it wouldn't as much. Are there certain stipulations for balconies and the outlook they would have?
The boundaries on their plans are marked red when in fact the gardens run side by side all of the way to the bottom and their does not cut ours in half as suggested in the picture. Ours is Quarry House on the right hand side of the picture. The proposed balcony is for School House on the left. Any advise would be greatly appreciated. Thank you.

anselld

The site location plans on planning application are usually produced from the OS planning maps, as are the red outlines.  Are you saying that the OS maps do not agree with what is actually "on the ground"?

In any case you can register an objection to the balcony on the grounds of being overlooked.  Hopefully the planning officer would come and have a look in considering if this is significant issue or not.

AdrianC

anselld said:

The site location plans on planning application are usually produced from the OS planning maps, as are the red outlines.

The text along the left hand edge states the map's been produced by the Ordnance Survey, too. OP - are the properties registered? What do the maps on the LR registrations show?

princeofpounds

Boundaries don't matter for planning, in one way. You can get PP on any property anywhere as long as it otherwise complies with planning rules. Doesn't mean you own the land to actually implement it.

However, it can matter if the planning officer or committee is going to make decisions based on the relative layout of the site.

You can write in to correct it as an official response. You will need to provide some evidence (most importantly your title plan unless it's inaccurate for some reason - otherwise an aerial photo or another map perhaps?) otherwise it's just an assertion. Anything you write is public, by the way, at least normally, so be polite. 

But if you want to object, you'll need to go further and object on the basis of planning policy. Just a complaint won't do it. Most authorities will have some kind of policy on overlooking, you'll want to refer to it and anything else you think is relevant. The links below might help:

http://planninglawblog.blogspot.com/p/how-to-object.html
https://clophill-pc.gov.uk/wp-content/uploads/2019/11/How-to-object-to-a-planning-application.pdf

dexterpierson

Thank you. 
The boundary in red is incorrect as our section of garden goes all of the way down to where the bottom red line goes across rather than cutting the garden in half as shown on the plan submitted here. It's on our deeds. 
I will check out the council's policy and the links that have been suggested.
Thanks everyone x

Hasbeen

You will have to officially put in an objection on the grounds that the Balcony will be overlooking your garden.

You should also try and ensure all official plans including the OS maps show the correct boundaries to offset any future disagreements? you may have with your neighbour.

Edit: Hopefully the council will send someone from planning round, if you mention the wrong boundary set up in the submitted plan, when you object.

princeofpounds

Good luck. Also bear in mind that overlooking rules can be different (looser) if the scheme changes from one that relies on planning permission to one that relies on permitted development, in case that happens.

Slithery

I wouldn't be bothered at all about a big sausage overlooking my garden.

mrschaucer

Slithery said:

I wouldn't be bothered at all about a big sausage overlooking my garden.

Haha!!!!!!

thearchitect

Firstly, draw the boundary discrepancy to the attention of the planning authority.  Do this in as neutral manner as you can - it's probably a simple oversight and not worth falling out with your neighbour over.

Turning to the substantive manner, there is an expectation of reasonable privacy but that is quite different from preventing all overlooking.  The planning officer will take account of a range of factors including (for example) whether there will be views into habitable apartments, whether it is a commonly used area (such as a patio), and so on.  You therefore need to be specific about the nature of your concern - and to appear reasonable.

theartfullodger

Load of balony