TelBoy

Does anybody know what the most successful grounds for opposing an extension are please?

A friend lives in a house where the neighbours basically want to extend their Edwardian house (recently purchased with the intention of developing it) sideways, so that the common space outside the doors of the kitchens will be reduced to a fairly narrow alleyway on my friend's side, far from ideal.

The obvious (and justifiable) objection is on the grounds of light - the kitchen really will become very gloomy.

But what else can you cite that council committees take notice of? Loss of view isn't one as far as i'm aware? What about altering the character of the house? Does anybody care these days about that? This is development at the back of the house and pretty much out of sight of any other houses. Can you claim an increased security risk?

Any other suggestions welcome, many thanks.

Lee247

Right to light is valid, also what about loss of privacy. We are having a similar problem. Been going on for months now

DazW

iTrader: (1)

if our experience of the palnning dept. is anything to by, your friend will be pi$$ing in the wind!

TelBoy

Their extention plans don't as far as i know include any proposals for any windows in the intended new side wall, so would that make any claim for reduction in privacy invalid?

TelBoy

I know what you mean, it seems you've got to have a pretty watertight case these days to get the council to reject extension plans; that's why we want to get as strong a case as we can from the outset.

Lee247

Our problem is the barn conversion is bigger than was proposed, no window on the wall facing us but they have put a window in the extension on either side, and a door. So because the building is now closer to us, that's the reason we are saying loss of privacy. Hope that makes sense.
I'm sure Saxoboy works in planning, he may be able to offer more help

sbk1972

I had a similar problem and lost. But, the way to go on this is to get as many neighbours to reject the planning application once it comes out. The more the better. Get them all to write in complaining. However, you have to becareful at the reasons behind you rejection. Search the net for case letters. I had loss of privacy as my main complaint.

However, I did all this and the council did a site visit and gave everything the guy wanted.

Before going down this road, perhaps talking to the guy now, whilst he is desgining what he wants. Once the plans go in, it will cost money to have it all re-designed, meaning that the owner will be less helpful.

SBK

TelBoy

Thanks SBK, unfortunately it seems that the neighbour has very clear plans of his intentions, and it's not easy to see any way in which it could be compromised, unless he basically didn't bother extending at all. And as i mentioned, very few other houses will see this extension without binoculars, let alone be affected by it, so trying to obtain a bunch of complaint letters seems a faint hope, unfortunately.

J4CKO

iTrader: (1)

Its bizarre, situations like this it gets granted, yet my brother in law who lives in the middle of nowhere, in 5 acres of land doesnt get his authorised, basically the neighbours didnt object, they are reasonably close by but couldnt see the extension and it wouldnt affect them yet as the hosue had already been extended the proposed extension took it over some 30% rule.

It affects nobody but they still knock it back, plus it was only a bit over,

Dont you love Bureacracy !

KiwiGTI

He'll reduce your light, force you to buy my light fittings and increase your energy consumption, therefore increasing your CO2 footprint, and by implication it will mean that the council are not being environmentally friendly.

TelBoy

Nice! I wonder if it could be the first planning proposal rejected on the grounds of increased carbon footprint?!

Scooby Snacks 23

Good argument
When they approve it, take it to the papers as well!!

fivetide

iTrader: (1)

Reducing the common space? does that mean they are building on it? can't do that i would say.

also if the house is edwardian get it listed or complain that it isn't in keeping with the tone of the houses around.

5t.

LG John

Common Legit Grounds of Objection

* Loss of sunlight or daylight
* Loss of privacy
* Harmfully overbearing resulting in loss of amenity
* Harmful to the character and apperance of the building, group of buildings or area.
* Cumulative effects as a result of the development
* Setting a precident for a form of development that cumulatively would have a detrimental affect (slightly shakey ground now)

Common Non-Material Grounds of Objection

* Loss of a view(s)
* Change in value of land or a building
* Neighbours are tw@ts
* They don't need it, my dog doesn't like it, they are just going to sell up anyway, I fear they will use it to run a brothel, etc, etc.

TelBoy

5t, no it's not common ground in the sense that it's legally for use by either person, i just mean it's an area outside the kitchen doors which allows space and light for both properties. There's a low fence separating the properties.

Kenny, thanks for that mate, appreciate it

Smudga

Hard to really comment without knowing the full details but this may help.

If your extending on the side of a property most Councils have a policy of maintaining a gap at ground and first floor between dwellings, basically to stop a row of detached or semi detached houses ending up looking like a continuous terrace.

The side extension should generally be 1metre away from the boundary at ground floor and 2metres away at ist floor level. It should also be set back from the front of the dwelling so that it is subservient to the main house, so as not to confuse the character of the main dwelling and maintain visual open space between dwellings.

Overlooking is an issue from principle rooms i.e. main bedroom or living room windows should in situations like this face front to rear, the exception is staircase or bathroom windows as generally they are acceptable as overlooking is not really an issue.

How is the extension set relative to the neighbouring property? Is it on the North side? if not the positioning of the extension may well cut out natural sunlight and cause undue over shaddowing to private spaces to the detriment of the amenities currently enjoyed. The size bulk and mass of the structure may be an over dominant feature in the close proximity of the adjoining house causing serious impingement on private spaces, which would therefore make it contrary to the aims of the planning policies in force, within the Councils adopted Local and Structure Plan.

Character of the area. Have him look at all the other houses in the immediate vacinity i.e. up and down the road on each side and see if any have been altered in a similar way to the proposal. If not you may be able to argue that it is an inappropriate form of development given the character of the area and if permission were to be granted, then this would open the gates for similar, which would distroy the appearance of the edwardian street scene.

Ring up the Council and speak to the planning officer dealing with the application, briefly explain your concerns in a factual basis and ask that they come to site to view it from your property. Make an appointment for them to come so you can be there, you can then 'bend their ear' as much as you want and point out specifics to them..... something that wont be shown on the plans. Dont be fobbed off with "I'll just look at it from the road when I'm next around"....legally if they dont come to view it from your side when you specifically ask them to do so and they approve the application, they have left the door open to malpractice..... something they are well aware of.

Also check the accuracy of the submitted drawings and try to establish if there are any inconsistancies i.e. distances to boundaries on elevations different to that on layout plans - discrepancies in heights etc. Do the plans show the relationship of your property to the extension, in layout and elevation terms? without it how can they make a proper judgement on the impact to your house. Check these things out and then speak with the planning officer - and back it up in writing.

It may however be that all the plans are correct and the scheme is in line with planning policy and acceptable, but if its not then I hope the above gives you some pointers.

All the best

TelBoy

Thanks smudga, that's fantastic information.

In your opinion, does the manner in which the objections are presented have any impact on the outcome? In other words, would it be worthwhile enlisting the help of a solicitor, or would that look too grandiose for this type of thing?

sbk1972

I have a letter somewhere that I drafted for my situation, email me sbk1972@hotmail.com and I'll send you a copy.

I'll tell you now, he's going to get permission. Its annoying how people on the council, who do not live anyway near you, can decide what / who can build next to you, effecting your home.

When the application came up, I was in the public arena and had permission to speak. I stod up infront of 200 people and expressed that my privacy would be ruined, and they ruled a site visit. When these 4rseholes came round to my neighbour, they pulled up in ther crappy old serria's, fait uno's, walked round looking within my neighbours garden and not mine !!!!.

They were not allowed to talk to me, or come into my house to see how the planned building extension would restrict my privacy / light. So, only seeing one point of view.

I wouldnt mind if this planning application was evaluated by my peers and other members over my estate, at least they are local, but these ***** lived miles away, in homes that arent half the value of mine. Infact, one of the councils made a comment that I had too many cars, especially when you can only drive one car at one time !! Ponce !

Best thing is to search the net and write up a good letter.

SBK

Smudga

No as long as they are factual clear and to the point and ofcourse are valid planning issues.

Oh and as stated in the post above members of the local Planning Committee are generally just the butcher, the baker, and maybe the candlestick maker so are not qualified to really comment but are in the decision making process. It may be worth him contacting his local Councillor to get him to visit and get the application to full planning committee (rather that the planning officer to deal with in under delegated powers), you then get the chance of having the Councillors on your side, especially works round election times!!....... they can overrule planning officers recommendations

mightyyid

To say, as others have, that it will get approved is a bit of nonsense. In my experience, it all depends on the local borough council. Generally, they will have fairly clear guidelines on what is and is not allowed - and it will vary between borough. Where I used to live, for example, there was a straight no-no on any flat roof over a room - in Surrey. Friends in Essex have just finished a flat roof conversion that is over a 20 x 20 ft room. No issues.

Get a copy of these to see what they say - basically they are written by the local planning boss at the time and will reflect their opinion so you know what does and does not go.

My understanding is that neighbours objections are OK but carry little weight unless the proposal affects them all. Far better to look at the regulations for the borough and see what it does and does no meet.

What would happen if your friend wanted to do exactly the same extension to his side - could you still walk down the alley? If you could and the prerequisite gap was still there, you don;t have much say on this angle. But if it would mean the gap would be virtually nil, then you would have a say as any development should not prevent you from doing the same (as in, your neighbour cannot do a loft conversion, and then complain when you do one on the grounds of 'well you could see into my bedroom with your windows' - as our neighbour did). This is also very relevant.

Andy

TelBoy

Cheers for that too, Andy.

No, the gap between the properties will still be there, but it will be halved to about three feet. The only thing that will change is that the neighbour's access to their garden will be from a door at the back of the property, rather than the door at the side from the kitchen as it's now currently arranged. Unfortunately for this council i don't think there are any specific regulations preventing flat roof extensions, as my friend's house has already been extended in this way, but that didn't affect any other properties in terms of light, privacy etc etc.

jaydut

if its goin to narrow the gap between the houses that much how is the builder goin to erect his scaffold etc unless its on the other property,when we built our extension (we did speak to our neighbours about it first) we had 3 scaffold poles in a neighbours garden, i suppose he could of told us to **** off he wanted to

Lee247

Tel, have the plans already been submitted. I ask because the first we heard about things was when we got our letters informing us of the application. We spoke to planning officer in charge. I must admit, he was most helpful in telling us how to word our objection. Basically, it was short and sweet and straight to the point. Any waffle would be ignored

TelBoy

Jaydut - good point, hadn't thought of that. It's hard to see how they'd do it if the builders HAD to remain on the neighbour's property, but that would just be being bloody-minded after the approval had been granted i suppose, and probably overcomable at the end of the day i'd imagine.

L, yes they've been submitted and as you say, i've advised my friend to make contact with the officer in charge, i think that's important in finding out who you're dealing with and getting some idea of how they'd view such an application.

LG John

This would also have no bearing on whether planning permission is granted even the objector makes it very clear that he/she will not allow access and its obvious that building without that access will be difficult or impossible.

I've seen people dig their heels in here though and usually they end up presented with a breeze block wall that isn't finished or rendered as the builders can't get access to the other side of it

Nimbus

If the plans have been submitted, are they available on line at the local councils' website? Then could all have a look