What are my legal rights to recieving a Town and Country Planning Act 1990 notice?

WorkingBeach

My neighbour directly opposite my garden wants to build an extension ontop his garage which will directly overlooking our garden, block natural daylight and to be honest will be a loss to our privacy. What are valid objections to this and would the council really refuse this based on our 'comments' that we have been asked to provide.  I feel as if the council will just ahead an allow this even if we clearly state reasons why we are unhappy.  Our neighbours either side of us share our feelings on this matter. 

MSE_ForumTeam5

We've moved this from the forum rules & policy discussion area to a more suitable board.

Dustyevsky

Overlooking a garden or somewhat reducing natural light to it isn't usually a valid reason for refusing planning. There are rules about overlooking existing windows from upper storey extensions, however. As usual, the devil will be in the detail regarding how close the neighbour is.

Comments made regarding planning proposals must focus on planning legislation, not on emotions. If a number of you are unhappy, put your heads together and study the planning rules.

Section62

Dustyevsky said:

Comments made regarding planning proposals must focus on planning legislation, not on emotions. If a number of you are unhappy, put your heads together and study the planning rules.

Also get hold of the council's local development plan/framework and copies of relevant supplementary planning guidance (SPG).

The decision they make has to have regard to the planning policy framework they have created - for example in their SPG on domestic extensions they are likely to have covered the approach they would adopt to multi-storey extensions and the issue of privacy/overlooking for neighbours.

The planning officer has to consider how the planning proposal sits within the policy framework and whether any departures/inconsistencies can be justified.

The planning application itself is often helpful to objectors in highlighting relevant sections of planning policy/guidance.  Documents like the 'design statement' are where the applicant typically tries to justify their proposal.  Check whether the claims/assertions made are valid.

user1977

Neighbours don't have a right of veto, no matter how "unhappy" they might be. Any refusal would need to be on valid planning grounds - objections don't usually point out things which the planners can't figure out for themselves.

GDB2222

There are subtle changes that the LA may impose, without banning the whole development, eg obscured glass in the windows. 

lincroft1710

Overlooking of gardens by 1st floor rooms must affect millions of properties in UK. I can't see this as a valid reason for the planners to refuse PP.

ThisIsWeird

Working each, have you seen the proposed plans? Have they been put on the LA's Planning Portal?
If so, check it for any loss of privacy issues. 
How close to your boundary is the garage?

Doozergirl

lincroft1710 said:

Overlooking of gardens by 1st floor rooms must affect millions of properties in UK. I can't see this as a valid reason for the planners to refuse PP.

This.  Presumably there is already a house with windows attached to the garage.  It's hard to argue that another window on that 'directly opposite' house is any different.  

The OP probably has a house with windows too.