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  • FIRST POST
    • zacpendleton
    • By zacpendleton 16th Apr 18, 8:37 AM
    • 2Posts
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    zacpendleton
    Dissention on Neighbour's Planning App. To Be Disclosed?
    • #1
    • 16th Apr 18, 8:37 AM
    Dissention on Neighbour's Planning App. To Be Disclosed? 16th Apr 18 at 8:37 AM
    ?
    Does This Have To Be Disclosed?


    My Wife and our young twins have lived in our first home for the past eight years which is a terraced house with a conservatory. Owing to my work, we are due to relocate in the next eighteen months or so and we have been preparing our home for sale because of this. A couple of weeks ago our next door neighbour's wife mentioned to my wife that they were planning to have an attic conversion complete with french windows and a Juliette balcony as they needed the space as one of their family has returnd to the nest so to speak.

    We are a little concerned about this because my Wife and I feel it will intrude upon our privacy and enjoyment of our rear garden greatly. In addition, there is a large rooflight in our conservatory that we can raise and close in warm weather and when this is opened, it will be possible for someone to view the interior of our living space from the Juliette rail from directly above.

    In addition, as we are due to put our home on the market, we are very concerned that a overbearing attic construction peering down into our garden which has not been overlooked at all untill now (it was one of the reasons we bought the home in the first place) will mean a hindrance to our house sale...

    As PP has yet not gone through, we are wondering that if we dissent and raise an objection at Planning, if this will be deemed as a "neighbour dispute" which will have to be disclosed when we eventually sell our home?

    Any advice on this would be greatly appreciated!
    Cheers!
    Last edited by zacpendleton; 16-04-2018 at 8:40 AM. Reason: punctuation
Page 1
    • ProDave
    • By ProDave 16th Apr 18, 8:49 AM
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    ProDave
    • #2
    • 16th Apr 18, 8:49 AM
    • #2
    • 16th Apr 18, 8:49 AM
    I doubt it would be a neighbour dispute but any objection you raise will become public, and you need to object with a valid planning reason why it can't happen, not just you don't want them to look down into your garden. So something like an additional bedroom would dictate an additional parking space and there is no room for that would be more likely to stop it.

    Surely they can already look into your garden from the first floor window?

    The buyers solicitor will find the planning application when they do their searches.
    • pimento
    • By pimento 16th Apr 18, 9:20 AM
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    pimento
    • #3
    • 16th Apr 18, 9:20 AM
    • #3
    • 16th Apr 18, 9:20 AM
    I'd see an attic conversion next door as a good thing because it would mean there would be no objections should I decide to do one.

    As you're moving I don't understand why you're complaining. It won't be your living space they'll be peering in to. You sound a bit precious really.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
    • davidmcn
    • By davidmcn 16th Apr 18, 9:23 AM
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    davidmcn
    • #4
    • 16th Apr 18, 9:23 AM
    • #4
    • 16th Apr 18, 9:23 AM
    I don't think making a representation to a planning application is a "dispute", no, but any buyer is still going to be able to see the application (and all the objections).
    • zacpendleton
    • By zacpendleton 16th Apr 18, 9:28 AM
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    zacpendleton
    • #5
    • 16th Apr 18, 9:28 AM
    • #5
    • 16th Apr 18, 9:28 AM
    Cheers ProDave!

    We have quite a good relationship with our neighbours, which in view of our future sale we may be advised to preserve. It's just that some potential homebuyers can be a bit weird about privacy.

    On the other hand, it could also be an incentive, as many people also copy their neighbours and install the same. I don't think it will be a bad looking thing, it's just that personally, I wouldn't buy a home that's overlooked - but that's just me.

    We might be better advised in the long run to maintain the equilibrium and eventually sell.
    Last edited by zacpendleton; 16-04-2018 at 9:28 AM. Reason: typo
    • Doozergirl
    • By Doozergirl 16th Apr 18, 9:28 AM
    • 24,901 Posts
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    Doozergirl
    • #6
    • 16th Apr 18, 9:28 AM
    • #6
    • 16th Apr 18, 9:28 AM
    I doubt it would be a neighbour dispute but any objection you raise will become public, and you need to object with a valid planning reason why it can't happen, not just you don't want them to look down into your garden. So something like an additional bedroom would dictate an additional parking space and there is no room for that would be more likely to stop it.

    Surely they can already look into your garden from the first floor window?

    The buyers solicitor will find the planning application when they do their searches.
    Originally posted by ProDave
    I agree with all of this, (apart from the search showing a neighbour's application. Standard search is the property being purchased only.)

    The theme this week seems to be people looking into other people's rooflights. Fact is, a juliette balcony is a window, not a balcony. Your garden is no more visible from there than most houses are from their adjoined neighbours. It cannot be a valid planning objection.

    As for them looking into your own extension. This just strikes me of being selfish. You consciously put windows in your house capable of being looked down upon from someone else's house. You need to consider the changes they might make when you make your own. Anyhow, them looking out of their window at the same time as you have yours open isn't going to be a regular occurence. People do not spend copious amounts of time standing at their windows. They use the room.

    All this aside, the work may well fall under Permitted Development because it is quite minor, and you get no say anyway.
    Everything that is supposed to be in heaven is already here on earth.
    • G_M
    • By G_M 16th Apr 18, 6:32 PM
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    G_M
    • #7
    • 16th Apr 18, 6:32 PM
    • #7
    • 16th Apr 18, 6:32 PM
    You can get blinds that cover rooflights.
    • davidmcn
    • By davidmcn 16th Apr 18, 8:09 PM
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    davidmcn
    • #8
    • 16th Apr 18, 8:09 PM
    • #8
    • 16th Apr 18, 8:09 PM
    I agree with all of this, (apart from the search showing a neighbour's application. Standard search is the property being purchased only.)
    Originally posted by Doozergirl
    But isn't a standard enquiry "have you received neighbour notifications of any planning applications"? Which would flush it out.
    • Tom99
    • By Tom99 17th Apr 18, 1:41 AM
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    Tom99
    • #9
    • 17th Apr 18, 1:41 AM
    • #9
    • 17th Apr 18, 1:41 AM
    Check out the supplementary planning guidance documents issued by the planning dept concerning extensions.

    If you are lucky there will be reference to full height windows or Juliet balconies not being permitted at upper floor level at the rear they do in my area.

    Objecting to a planning application is not a dispute as such so does not need to be mentioned but your objection will be a matter of public record.
    • da_rule
    • By da_rule 17th Apr 18, 8:21 AM
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    da_rule
    Assuming that your properties are relatively similar why don't you ask them for a copy of the plans they are submitting and make an application to do the same.

    This could have two benefits, if approved it may add some value to your property as you can sell it with planning permission. It will also mean that you can overlook your neighbours if you want to (a bit of tit for tat).

    Also, the Planning Authority may decide that the two applications would lead to overdevelopment of the area (lack of parking etc) and refuse them. You may be able to scupper their application without actually objecting.
    • teneighty
    • By teneighty 17th Apr 18, 11:06 AM
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    teneighty
    Most loft conversions, even large rear dormers with juliet balconies are permitted development so will not need a planning application.

    So you probably will not get an opportunity to object. Probably best to just discuss the proposal direct with your neighbour and express any reservations that you might have in a friendly neighbourly way. But they probably would be allowed to undertake the work irrespective of any opinions you have.
    • Doozergirl
    • By Doozergirl 17th Apr 18, 11:07 AM
    • 24,901 Posts
    • 68,279 Thanks
    Doozergirl
    Assuming that your properties are relatively similar why don't you ask them for a copy of the plans they are submitting and make an application to do the same.

    This could have two benefits, if approved it may add some value to your property as you can sell it with planning permission. It will also mean that you can overlook your neighbours if you want to (a bit of tit for tat).

    Also, the Planning Authority may decide that the two applications would lead to overdevelopment of the area (lack of parking etc) and refuse them. You may be able to scupper their application without actually objecting.
    Originally posted by da_rule
    None of that makes any sense.

    Planning permission for an extension does not add value.

    The fact that two applications went in would have no difference on wheter something was overdevelopment or not. The same criteria is applied individually, which is considered in advance in planning guidance for the benefit of communities. There would not be any knee jerking about there being more than one.

    Loft conversions, even with considerable dormers fall under permitted development unless in a designated area. . They are exceptionally common.
    https://www.planningportal.co.uk/info/200130/common_projects/36/loft_conversion

    Afaik, a juliette balcony, with just the balustrade and no ledge or platform to speak of is not a balcony. It is a window.

    Thankfully, the planning system does allow a significant amount of work without neighbours being able to scupper plans for no good reason. In fact, neighbour objections hold very little weight on the average application. Mostly because they contain nonsense or cite good reason that the planning officer already knows.
    Last edited by Doozergirl; 17-04-2018 at 11:10 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • datlex
    • By datlex 17th Apr 18, 10:05 PM
    • 1,596 Posts
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    datlex
    Your objections may be a moot point. https://www.which.co.uk/reviews/loft-conversions/article/loft-conversions/loft-conversion-building-regulations-and-planning-permission Loft extensions don't necessarily need planning permission.
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