Information on plans

Section62

jonnydeppiwish! said:

So looking at the plan, it’s highly likely that if the neighbour wanted to build the garage on the other side of the driveway, it would be rejected for reasons of highway safety, therefore they have to place it on the other side.

I can't see that from the plan.  How would the garage impact on highway safety if it was on the other side of the garden from where it is currently proposed?

Unless the garage would obstruct a sight line, the grounds for highway objection could relate to the position and means of access/egress... and there is nothing on the OP's plan to show that.

Section62

morgan98 said:

Adam16 said:

ComicGeek said:

Adam16 said:

Your best option is an objection on Rights to Light. 

Get a surveyor involved. Its going to cost you a couple of grand for a report, but its a legal reason for the development to not be permitted. 

No, the development will never be refused in terms of rights to light, that is not a planning issue.

Rights to light is a separate form of easement which requires the affected landowner to obtain an injunction to prevent/amend any scheme being built to protect this. However, not a planning issue, and these rights may not have been established yet by the OP.

Impact on daylight and sunlight (using the Littlefair approach) would be a valid reason for refusal. However, the impact on a habitable room not yet created (the OP's proposed garage conversion) would not be included within this assessment unless a planning submission had already been submitted on this.

OP, get a rights of light surveyor involved and meanwhile object to the application on other grounds also.

Being a large scale developer (850 units this year) i know all too well how rights to light can delay or stop a development in its tracks.

Thanks - does this need to be done before the objection as I only have a week with a massive public holiday in the middle, or can it be done after the objection?
Thanks

See ComicGeek's post again.

Going down the route of "an objection on Rights to Light" is essentially a theoretical possibility if you have deep pockets and a good lawyer, not really a practical solution to your issues with this planning application.

Is the neighbour's existing 'small' ground floor room large enough to be converted into a lounge, or are they adding to it by knocking through?  Having a large garage flank wall that close to the lounge window is poor design.  I can't help but feel that the small strip of garden will eventually be covered in, and that new larger 'lounge' window will become the access to a 6x6m reception room of some description.  Part of your strategy should be encouraging the planning officer to see the application in that light - i.e. as a (potential) 6x6m front garden extension, rather than as a garage for parking cars.

jonnydeppiwish!

Section62 said:

jonnydeppiwish! said:

So looking at the plan, it’s highly likely that if the neighbour wanted to build the garage on the other side of the driveway, it would be rejected for reasons of highway safety, therefore they have to place it on the other side.

I can't see that from the plan.  How would the garage impact on highway safety if it was on the other side of the garden from where it is currently proposed?

Unless the garage would obstruct a sight line, the grounds for highway objection could relate to the position and means of access/egress... and there is nothing on the OP's plan to show that.

The op has stated that that side borders a road so there must be a turning to the west in front of the neighbour and Op’s house, therefore line of sight would potentially be obstructed

Section62

jonnydeppiwish! said:

Section62 said:

jonnydeppiwish! said:

So looking at the plan, it’s highly likely that if the neighbour wanted to build the garage on the other side of the driveway, it would be rejected for reasons of highway safety, therefore they have to place it on the other side.

I can't see that from the plan.  How would the garage impact on highway safety if it was on the other side of the garden from where it is currently proposed?

Unless the garage would obstruct a sight line, the grounds for highway objection could relate to the position and means of access/egress... and there is nothing on the OP's plan to show that.

The op has stated that that side borders a road so there must be a turning to the west in front of the neighbour and Op’s house, therefore line of sight would potentially be obstructed

Potentially, yes.   But unless there is a sightline which would be obstructed then it remains an option to have the garage on that side of the garden.

From the OP's perspective it would be wrong to assume consent would highly likely be refused for a garage on the far side of the neighbour's property - from the OP's POV that would be a far better place to put it.

[Deleted User]

Titus_Wadd said:

[Deleted User] said:

What kind of garage is 6m high? Might be worth just asking if they could switch to a flat roof instead, if the height is an issue.

Shame that car ports are not really allowed in the UK, that would have been a good alternative that lets light through but keeps their car dry, if that's what they want.

There's no harm in suggesting alternatives in your planning comment.  If you can encourage a few other neighbours to comment it will add weight to your opposition (we can't start a petition or make a joint submission to our LPA, but they will accept a submission for a residents' association if there is one).

Carports are a thing here where I live (Sussex); our neighbour has just applied to build 4 houses, with car ports.  The problem with a car port is that it's useless for storage; is the applicant really going to park a car in it.  The plot planned near us has little parking space so the reason behind offering to build car ports, over garages, is that it tells the LPA that it will only be used for parking, slightly strengthening their case.  From experience of this builder, he will build the houses then try to vary the car port permission to build a garage.  I've discussed this with planning and sadly they just look at any "minor" changes in a rather blinkered way; rather than pointing out that they told the builder a car port is a better solution than a garage at the outset, they then review the smaller subsequent tweaks in isolation: one car port will be replaced with a garage.  Once one garage is permitted they apply for all 3 remailing car ports to be altered and the cite the first one as a precedent! 

Lil old me saying to the council "I told you so!" when there are 4 garages and cars kept on the street is a bit of a hollow victory. (I have quite a low opinion of our LPA and yours might be better)

By carport I mean something external to the house. Basically a roof over the driveway.

Titus_Wadd

That's the type of carport I'm talking about too.  Just a roof on legs.

What I was trying to say is that once a garage is built it can be used for purposes other than parking alone.  A car port isn't much use for storing garden tools etc, or converting to a habitable room.