People will have many reasons to support or oppose a planning application. They may be entirely sensible but some of them cannot legally be considered when deciding whether to grant or reject an application.
There are lots of valid objections to planning applications, called “material planning considerations”. These include:
- Loss of light or overshadowing (this isn’t just a high wall – it means loss of light to the extent that you don’t get enough natural daylight to see by).
- Overlooking/loss of privacy
- Visual amenity (but not loss of private view)
- Adequacy of parking/loading/turning
- Highway safety
- Traffic generation
- Noise and disturbance resulting from use
- Hazardous materials
- Smells
- Loss of trees
- Effect on listed buildings and conservation area
- Layout and density of building
- Design, appearance and materials
- Landscaping
- Road access
- Local, strategic, regional and national planning policies
- Government circulars, orders and statutory instruments
- Disabled persons’ access
- Compensation and awards of cost against the Council at public enquiries
- Proposals in the Development Plan
- Nature conservation
- Archeology
- Solar panels
- Fear of crime (with evidence to show that the fear is based in reality)
However, there are many comments the Council receives about planning applications which it cannot legally take into account.
These include
- loss of value to your property (the Council cannot reject a planning application on the grounds that it will reduce the value of your house if built).
- competition (the Council can’t reject an application for a business on the grounds that it will compete with another, existing business).
- loss of view (you might have bought your house because of the lovely view across the field, but we can’t reject an application on that basis)
- boundary disputes including encroachment of foundations
- private covenants or agreements
- the applicant’s personal conduct or history (just because she’s fiddled the system before, we can’t reject her latest application).
- the applicant’s motives
- potential profit from the application for the applicant
- private rights to light
- private rights to way/access
- damage to property
- disruption during any construction phase
- work already done
- fence lines
- loss of trade or competitors
- age, health, status, background
- work patterns of the objector
- time taken to do the work
- capacity of private drains
- building or structural techniques
- alcohol or gaming licences
- matters covered by other legislation
When considering an application, the Council also has to ask “What could be done without any application?”
For example, suppose someone wants to take an office block, knock it down and build houses. People might say “Those houses will create traffic.” They will, but in planning, the Council can only consider traffic over and above what the existing offices would generate if they were fully occupied.
A proposed development next door to me is intending to assume 2m of a shared driveway. This new development reduces the driveway down to 3.2m which won’t now allow fire and emergency vehicle access to the rear 16 houses built behind me and that use the driveway as their only means of access in and out.
Can the Council stop the application on grounds that the proposed development endangers the lives of existing residents?
The Council would normally take the advice of the emergency services as part of the planning application.
Can a planning officer reject a planning application for a commercial site purely on access grounds.
Is there a preferred with for a commercial access
Hi Geoff – yes, a planning application can be rejected if the access isn’t suitable. The Highways engineer will look at the plans and come to a view as to whether the access is appropriate.
My conservatory will be 3.06 depth 6cm over 3m limit, I intend to apply for planning permission, is this small area likely to be refused
Hi Janet – I suggest you speak to your local planning department – they should be able to give you some guidance.
Is it likely that planning will be refused for a total of 8 one-bedroom flats in 2 blocks of two storey flats directly opposite my house (a three bed semi as are all the houses in my street) where the distance between my (and my neighbours) front living room window and front bedroom window and the proposed flats windows is 17.08 metres basing my objection on loss of privacy as I understand the minimum required distance to maintain a reasonable amount of privacy is 22 metres? I am also objecting on grounds of loss of visual amenity, loss of amenity, increased on-street parking and obstruction and not in keeping with surrounding properties.
Hi Mrs Riley – that is certainly a possible reason for refusal.
I’m proposing to build onto an existing garage with pitched roof and put 2 bedrooms on it with jack and Jim Toilet between. This means continuing the roof line which runs from the front of the house to the back and as the property has a small extension to the rear the plans also have the extension on the garage running all the way to the back wall of the extension so it runs approx 2 meters further than the existing upstairs external wall. This will pitch into the roof nicely from the rear.
My question is this. Can this extension be rejected on the basis of been overbearing?
My current neighbor who looks down her garden onto the garage and side of my house has objected but not on this ground but has mentioned this to the council and they are considering it. The house is 13 meters from there rear windows.
Their view current is a garage wall with pitch roof running away from them to the side of my house and then the side elevation and roof. This will change to a wall running from floor to roof.
I’m afraid we aren’t able to give that sort of professional advice. You will need to speak to a professional planning consultant.
Hi, will the health and safety of neighbours be taken into account when objecting to planning permission? Work has already started without permission and I have health and safety concerns which I have photographic and video evidence of. Thanks in advance
Hi Stuart – I’m afraid we aren’t able to give that sort of professional advice. You will need to speak to a professional planning consultant.
Hi, would an extension that joins two linked detached houses making them both semi-detached be cause for rejection. Every other house on the estate would be detached
Hi Jon. I’m afraid we aren’t able to give that sort of professional advice. You will need to speak to a professional planning consultant.
Hi, We currently have a warehouse space on an industrial estate with a smallish car park to the rear where our lorries deliver goods to our loading bay and turn around in order to exit the estate. The owner of the car park is proposing to build a new warehouse there which would restrict vehicular access to our business and increase traffic volume beyond what we think the space can cope with. The owner of the car park has said that as he owns the land, he would be entitled to put up a fence anyway which would not require planning permission and would disrupt the access and movement of vehicles to our warehouse. Is he correct? Can he do this? Can we object on the basis that deliveries to our business would be effected – the lorries need to tun on his land?
Thanks.
Hi Stephanie, I’m afraid we aren’t able to give that sort of professional advice. You will need to speak to a solicitor.
Hi, my neighbors want to build a 5 meter rear extension (we are semi detached) within 4inches of the boundary but to do so want to remove a large section of the boundary hedge which is my responsibility according to the deeds. The hedge is established for at least 40 years and is a haven for nesting birds. I have no problem either the building itself, but do not want the hedge removed but happy for it to be trimmed back. Is this something I can stop and is it a valid objection? Many thanks, ian
Hi Ian – I’m afraid we aren’t able to give that sort of professional advice. You will need to speak to a solicitor or planning consultant. The planning officers at your local council may also be able to advise you.
We have recently moved to a new housing estate and we have land just outside the estate which is designated as employment land. Plans have been submitted to change the use to retail. There is only one entrance and exit route down the new residential street. We would then have to fully support eight retail units with deliveries 24 hours per day. We have a new retail park less than five minutes walk away and this fulfils the locality plan for the boroughs needs. The road network is wholly unsuitable. How can we as residents fight this case?
Hi Gillian, I can’t give you any detailed advice I’m afraid. In general terms, you could look at whether the lack of need for employment land at that location has been established, and the difference in traffic between employment and retail: how many more traffic movements would retail attract.
I have never come across a retail development taking deliveries 24 hours a day – delivery times can easily be conditioned by the local council to minimise impact.
Hi, we have been granted planning permission a few months back and have commenced works. Our neighbour has recently submitted a planning application that references the old footprint and layout of our property (now demolished). Presumably that applications needs to reference our latest approved plans. If so, the 45 degree rule is offended throughout! Please clarify
Thanks
Hi Steven – I don’t have the expertise to answer your question I’m afraid. You may want to query this with the planning case officer at the local authority.
Hi Iain,
Please can I register an objection to the Saxon Hall development (ref number 20/01124/FULL), for the following two reasons:
– Loss of light or overshadowing
– Overlooking/loss of privacy
(both in relation to our property in St Olaves Court)
Thank you
Best regards
William Oswald
Hi, we have been notified of a planning application for a barn in front of our property. The application isn’t online so I am not sure ho to appeal it. The land itself isn’t adjacent to the farm, it has been acquired by the farmer separately.
Also, they have said in the application they are going to do down so we don’t lose our view. This still won’t be completely the case.
I would like to understand if we can contest this application. Also, what might be reasonable grounds to look into.
Many thanks
Juan
Hi guys
My neighbour has built a fence 300mm higher than ours at the back of our garden boundary. The fence on my side is 2 metres high and his above mine is 2.3 metres on my side but may be lower on his side??
Can you advise if this is acceptable as it is a different colour from mine and means I would need to go above 2 metres to make it look better from my side.
Thanks in advance
Ian
Thank you for this meaningful article, I really enjoy reading them.
I recently applied for an erection of heritage kiosk in an open, neglected area of town. The Highway Agency did not object the planning application, the council environmental health did not object either, neither did the Met Police. Though I had 2 objections from local estate agents who managed most of the renting properties in this area, my thought would be for their tenants who rent one of their properties, the estate agent is far away still send in the objection. Another objection also come from an offshore company where the company solicitor sent in objection letter. These are clearly competition/business motivated objections. Please help me deal with this situation. I lost my job due to this Covid-19 and my last hope is to start a sandwich kiosk, can not afford a lawyer to take on this case.
Thank you so much.
Dave
Hi Dave, I’m afraid we’re not able to help with specific cases. You will have a local councillor for your ward – they might be able to help you more.
We have just had pre app turned down for our disabled son who has a condition to do with noise. He could die from it. We can’t find a suitable house in the council boundary that we have to keep the care and the carers that come in and we have to be close to a hospital. We have been offered land cheaply so we can build a suitable house for our son‘a needs (wheelchair and equipment, meds etc) we are literally on settlement line but wrong side and they are saying area of natural beauty but it’s a complete eyesore with an old barn and a caravan on it that looks like wasteland. Does land law count more than disability law as there is no suitable housing in area. We have looked at over 100 houses. We can’t live on fast roads or in the middle of areas – could we possibly contest? Thanks
Very sorry Tracy, but we’re not able to give advice on specific cases. You might be able to get help from the Citizens Advice Bureau. You might also get help by contacting your local councillor (contact information will be on the council website)
Hi. Do we have a right to insist that our neighbours two storey extension has frosted glass for the window closest to our property as we are concerned with a lack of privacy in our glass ceilinged conservatory?
Hi Daniel – you can’t insist on it, but you can certainly put it in as a request to the planning officers.
Advice needed
I rent a property semi basement at the back of the premises (normal at the front)
The people that own the flat above want to build an extension, a lovely couple, they came to me with their idea that they were thinking about it, and I was all for it under the impression that it would be no wider than their existing decking that is above my back door and window, and that it was a single story extension to the area.
I went home and let it sink in and then thought about the impact re lessened light which I already struggle with plus noise disruption ( last summer my new buisiness struggled because they High Street was closed for the whole of the season for roadworks, this summer covid and next summer they are planning to do the work)
I went to them voicing my concerns to be told the application had already gone in immediately, they would send the architect round to show me plans to see if we could work together,
I then find out that they are building a HUGE extension, that will plunge my back area and beauty room into darkness, and it is the whole width of the building bricked in, they have also used our conversation on the planning without my consent saying I’m all for it ( my landlord is not happy with me as he has not been consulted at all about the plans and thinks I went above his head) and they keep saying it’s a fire escape, when it’s not, it’s a backyard, however teeny , with access to my outdoor toilet, my window to my main beauty room, and an area that I sit for my breaks,
Also when the sun shines it warms up the semi basement area, so I’m also concerned my heating bills will be higher and I already have a damp problem
Do I have a case against?
I’ve not been sleeping worrying, one about the impact , and two, I’m the type of person who if someone says can I have your left kidney, I’d say sure have both, not thinking about myself, and so am wracked with guilt ?
There is limited light already and also where it is open at the moment by the fence overhead, they want to close that in and raise the height to allow me to use my “fire escape “ ( it’s a backyard)
Hi Tara – very sorry but we’re not able to advise on individual cases. We would always suggest you speak to a planning officer at your local council or to a legal advisor.
I live in a rural village with agricultural fields around me which are used and not set aside. A planing application has been made to use the field directly opposite me and 6 other bungalows to build 10 detached 4 bedroom houses, the building line continues on from another row of existing bungalows.What is the best way to object to the planning application.
Hi Lydia, I’m afraid we are unable to give planning advice. Assuming you are in England, you should put your objection on the council’s planning website or email the planning officer, setting out concisely why you believe the application does not meet the council’s planning policy.
I have a restrictive covenant on my neighbours land that says they can’t build withing three meters of our boundary. But they’ve applied for planning permission to do just that. In my letter objecting to the application should I mention the restrictive covenant?
Hi – I’m afraid we’re unable to give planning advice. However, in general terms I would say that you can mention the covenant but it probably can’t be considered in deciding the planning application. The two would be separate issues: someone can have planning permission but not be able to build it out for some other reason (most commonly that they don’t own all the land, but it could be a covenant or some other reason).
We have received a proposal for a special school to be built directly next door to us…. HELP, how can I make my objection more than just another objection?
Hi Liz, objections are most effective when they relate to planning policy (i.e. “This planning application does not comply with planning policy X”. I would ask what you have against a special school though – why is it worse that all the other things you could have built next to you?
The house next door to my mums has an application for it to be changed from a dwelling to residential institution what are the best points to use as grounds for rejection ?
Hi Marc – I’m afraid we’re not able to give planning advice.
Hi. I have two profoundly disabled children and a planning notice has just gone up for 30 houses directly behind my garden. I’m concerned about the noise disturbance in a very quiet, rural area. My boys need a quiet environment to nap and sleep and can be difficult to settle if ongoing disturbances. I’m concerned about the disruption of building works but also a new neighbourhood which completely changes feelings of safety and the edge of the village feel for my children.
Do I have any grounds to challenge them on this basis?
Hi Helen. We’re not able to give planning advice on specific applications. However, in general terms, construction disruption is not grounds to reject a planning application. Any scheme would be exepected to follow construction rules such as the times building is allowed and the routes large vehicles can take to the get to the site. Those rules would be set by the council. I’m not aware of any planning rules that would allow an application to be blocked on feelings of safety, though evidence-based actual safety concerns could potentially be grounds for a refusal.
Planning permission applied for 86 houses which is at the moment a greenspace and park. Park has been locked up for ages by the developer whats the best way to object the loss of park and green area?
Hi Donna, I’m afraid we’re not able to give planning advice on specific applications. In this case I would suggest speaking to your local MP and councillor(s) who will be able to advise you better.
Hi,
There is a plan to turn a semi-detached dwelling into a business residence on my street. The business is a residential care home for children. I am concerned about the changes in designation and living in proximity to such a business. Can you advise on how I may best object in this instance?
Matt
Hi Matt, I’m afraid we’re unable to give advice on individual planning applications. However, I would say that these sorts of residential care homes almost never cause problems. We’ve had a respite care home for children round the corner from us for many years without issue.
Hi
Have put in planning proposal for flats none in road have ample space and design is very good unfortunately a local councillor lives 10 house down and across road and has started petition against it he does not want this kinda thing in his road surely it’s a conflict of interest he’s has already got ex councillors to vote against who live 15 miles from property
Any advise
Hi Ann, we’re not able to comment on specific planning applications. However in general terms I can say that there is nothing stopping a councillor campaigning for or against a planning application. What they can’t do is to vote on the application if they’ve made their mind up prior to the committee meeting. If your councillor sits on the Planning Committee, they would probably need to declare an interest and take no part in the decision.
A planning application has been put through . Our concern is that,historically our house, and another neighbouring house have had works done because of land heave. The new building proposed is at the side of an existing house on land that has on -going issues with land heave Cracks in existing property also adjoining land attached to it.. No monitoring etc .The front and the side of the property will be having numerous trees, and large shrubs removed order to build the new house on this site. We have great concerns about new building proposal may cause our property to suffer damage. Many thanks
Hi Valerie,
I’m afraid we’re not able to give advice on specific planning applications. That sounds like an issue where you would want to consult a solicitor: it may well be a civil matter between you and your neighbour rather than something the planning system is able to deal with.
Have a decking 1.2m from ground. With a 6ft frence both sides for privacy. Can this be refused?
My neighbour who owns a plot of land behind me has two ransom strips to negotiate which I own in order get to his land. In order to build he will need my permission which he would need to pay for and also apply for a change of use. If I granted access and the change of use was granted he also has additional problems that he only has a 10ft width access to his plot and this is clearly not enough to develop his piece of land. He has problems but I would like to know the following please.
What objections if any could he have if I was to develop my land in front of his?
the Merton LPA has consented to a change of status from commercial to residential on one property bordering ours. We did not receive any notice letter and learnt about this only when the applicant lodge a second application (3-month later) to raise the property in question by one extra storey. Other neighbour did not receive the notice letter and therefore no one objected as we were not aware but would have done otherwise. Furthermore out of the 12 neighbour on the addresses list 9 were from the applicant that has a few properties around. However many bordering property were not even invited to object either and they are even closer to us to the property for which the consent as been given. We are in the wimbledon conservation area. Is there anyway and process we could follow to overturn the decision ?
Kind regards
Pierre
We have been made aware of a permission to change the status of an office bordering our property to c3 residential being given consent by the council. Though we and 2 other neighbours were on the consultation list we never received a notice letter from the council and therefore could not object. Furthermore many others that are bordering the said office were not put on the neighbours list. However many of the property developers were.
Other than contacting the inspectorate is there anyway we can challenge the council decision retroactively?
Hi Pierre,
The normal route to force the council to re-run the decision would be via a Judicial Review. This is where the courts look at whether the process was followed correctly in reaching the outcome. However, it could cost several thousand pounds so you should seek legal advice before proceeding.
Hi Ian
Thank you for your reply it is useful. Do you think that in the meantime raising a formal complaint with the inspectorate would help ?. Basically the developer as lodged a further application to raise the building by one storey which will have significant implication in terms of privacy, over-shadowing, design in a conservation area etc.. for us and our neighbours. So we want to make sure we maximise our chance of the council rejecting the application for the one storey extension.
Kind regards
Pierre
Hi Pierre,
I’m afraid I don’t know the answer to that – it’s beyond my knowledge.
Hi, My neighbour build an extension on top of the fance what is 20cm away from my kitchen door, now we have a huge grey wall what is covering my garden along side, blocking the view and the sun.Luck of sun making me depressed and I loved that the sun is hitting my garden since sunrise all until evening, now is a bit of garden having sun only not reaching my kitchen. My neighbour had no planing permission and now he applied to retention , can I reject the retention? We are in Dublin .Thanks
Hi Andi – I’m afraid I know nothing about Irish planning law so I’m unable to help.
I have put my planning application in to open a children’s nursery in our bungalow which is in a residential area.
The council have send 17 letters to the neighbours to let them know about the application.
One of the neighbours went to others and gave advice to put object. It shows there are 9 objections already.
Do you think objecting because of noise from the 23 children and increased traffic due to parents bringing and collecting their children would be valued reasons for the council to refuse my application? I live in Edinburgh.
Hi Halyna, I’m afraid I’m not qualified to give advice on individual planning applications. In general terms, both noise and traffic would be considered as part of a planning application, but would normally need to be significant issues for an application to be rejected on those grounds. I would suggest you speak to the planning officer at Edinburgh Council and see what their view is.
Hello. Can ‘planning approval’ be granted for an extension to a 3 storey town house, with a provision that the re-developed property includes off-street parking for two vehicles, and that the redeveloped property is ‘not granted’ any ‘residents parking permits’ ?
Hi Robert – I’m afraid we’re not able to offer advice on specific planning applications, and the answer will depend on the planning policies of your local council. Best thing would be to contact your local council’s planning department or engage the services of a local planner/architect.
The Met Office is planning to build a 24m metre radar mast within a few feet of a family home in Old Buckenham, Norfolk and it will emit a constant low level buzzing sound not to mention overshadowing the garden and bathing the property in microwave radiation. On what grounds could we object? Visual amenity? Being driven demented by noise?
Hi Alison – I’m afraid we’re not able or qualified to give planning advice on individual applications, and that one sounds quite specialised. You may want to seek advice from a qualified planning consultant.
Hi,
We currently live next door to a commercial property (mechanic garage) that is going to be changed over to a small supermarket.
Firstly are there any factors we can oppose the build? Secondly if this is given the go ahead are there any requests we can make regrading the build.
Eg which side the parking will be? Can our boundary wall be higher to provide us privacy and ensure we are not over looked etc?.
Thank you
Hi Jessica, I’m afraid we’re not qualified to give advice on specific planning applications. On your second question, you can submit requests in your response to the planning application, which the council should consider and may include either as an amendment agreed with the applicants or a planning condition.
Hi
I am presently objecting to a planning application. From the web site is says 7 addresses were consulted in July and again in January 21. Myself and a number of neighbours have not received these letters. I only found out when I received a letter on 13 Feb dated 8 Feb advising we had 14 days from the date of the letter to respond. I commented on the council web site this was not enough time and although I did not get a direct response I did receive a letter giving an unrelated reason but with an extension to 3 March. I have contacted the Council on 1 March to say that the case Officer does not take my calls or get back to me and does not acknowledge emails. I was told that they don’t answer their phone and the Interim Chief Planning Officer who signed the letter does not take calls. The letter states that letters will be acknowledged. None of my correspondence has been acknowledged. What is more shocking the person I spoke to in the planning department said that this application was definitely closing today the 1 March. I managed to inform my neighbours but I am outraged by this course of events and hope you can advise me of what recourse I can take. Or is this just standard practice?
Thank you
Hi Anne, I’m afraid we’re not able to give advice on specific planning applications. In this case, I would suggest you contact your local councillor or MP who should be able to help you.
I am not in good terms with my neigbour who is at the rear of my property. We share a rear fence of the end of the garden.
Im looking to do a loft, side and rear extension to our family home…is there any way he can make objection and stop my planning application being approved? Or does the left and right neigbours has the main say about this?
Thank you
Hi Sam, your neighbours would be consulted but the decision should always be made for valid planning reasons. “I don’t like my neighbour” is not a valid planning reason. Your council will have planning policies – as long as what you are proposing is in line with those policies it should be approved.
What about open land that’s been kept this way for over 60yrs?Theres also going to be an issue with traffic as believe local police have objected too. 100 dwellings to be built where there is already houses & bungalows on either side of piece land. No one was informed of go ahead & residents have just found out as advertising board gone. According to plans it shows to invade privacy of residents already living in the existing properties to basically would be able to see into each others houses especially bedrooms. I also think new houses would obstruct light as some are to four bed so if they are 3 storey or higher think this could happen
Hi Anon – those are all potentially valid planning concerns which should be weighed up as the council reaches a decision. People who object could include those concerns in their objection. They don’t guarantee the application will be refused though.
A member of public has objected to planned works on the grounds of potential damage to their property. Would this sort of objection stop planned works? The properties are not protected or grade listed.
Hi Clare – normally that would not be a consideration in the planning application itself. It would be relevant to any works though, and there are other routes someone could go down if they believed their property was being damaged by works.
Thank you for the reply.
There are many properties of identical build that are going ahead with the works. They have not been stopped by any objections from the public. The objection in this case is potential damage to a party wall. This party wall exists for all other properties.
I am hoping the objection will be rejected based on this background.
However can they take further legal action after a rejection?
Hi Clare – the issue you’ve raised would normally be a civil law matter rather than part of the planning process. My advice is to speak to a solicitor with planning expertise – they will be best placed to help you.
If a councillor has been sacked from the planning department after years of undeclared conflict of interest and another planning staff officer in the same council is married to a director of the very successful Macar development would that constitute grounds for re-submission of all planning applications that were passed during their time in power.
Hi David. That would be up for the courts to decide. I’d advise you to seek legal advice. One possible route would be to bring a Judicial Review against a recent planning application, but a planning lawyer would be able to give you better guidance.
I wondered if the council is likely to reject my application to change part of my garden from residential to commercial for lack of parking?
I have already spoken to neighbours. The building would not obstruct any other property regarding view or light and the working hours are school time hours mainly.
The building will be 88m2 once completed.
Thank you in advance
Hi Sara, I’m afraid we can’t answer that – you will need to speak to the council planners who should be able to advise you.
my neighbours to the rear want to extend their bungalow almost the whole width of our rear garden wall. The original planning tried to address over urbanisation by the siting of their bungalow predominately to the rear of our garage to negate it’s impact on us. Our rear garden is very small some 9-10m long, so this proposal will impact greatly upon us and our loss of amenity. There seems to be protection in planning when a two storey house (they have a loft conversion), but little when it comes to bungalows which we both live in albeit with loft conversions. It is not so much a loss of privacy as a feeling of enclosure and overdevelopment. It is bad enough that their leylandii are over 4m high, this roof will be even higher. Are there any valid reasons to object to this planning application.
Hi Pebbles,
Unfortunately we’re not able to give advice on individual planning applications. In general terms, it can be against the planning rules to overdevelop on a site, but it would depend on the planning policy of your local authority and the exact circumstances. You can certainly put in an objection on those grounds, and planning officers would then consider it.
I am converting my double garage to 2 bedroom dwelling and the main house into a day nursey. The high way assessment, noise assessment a d health assessments officers are happy withe the application but I had 14 objections from neighbours so it has to me decided by the committee vote. To I have a chance at . Please advise.
Hi Linda – I can’t advise on the specifics on your application. Planning committees are meant to vote on whether an application complies with policy, not whether it’s popular. I don’t know where you are, but in general if planning officers recommend approval then you should have a good chance at committee.
Hi
We are supportive of the conversion of an old pump house to a residential dwelling next to our property but are not happy that full length clear windows will be used looking directly into our master bedroom and bathroom (we have Juliet balcony / windows in our bedroom facing proposed development). Can we contest this design? Are there some particular words/ phrases that would be helpful to use? Thank you!
Hi Vanessa, I can’t give you specific advice, but in general terms the issues sound like loss of privacy and overlooking. Both of these can be taken into account in a planning application and there may be ways round it (e.g. changing the window position or using obscured glass).
Hello,
We have a block of offices behind our gardens which they want to turn into flats.
This will mean they will be able to look into my garden.
Can I object on the grounds of privacy?
Thanks
Hi Hina – you can object to a development on the grounds of privacy and overlooking. It isn’t absolute though: there’s no right for our gardens to be completely secluded, so it may be about getting the balance right.
Hello, I am objecting to an adjacent development turning a single story bungalow into a two story. Our primary concern is the addition of 4 Windows facing our property where there are currently none. The additional height means the first floor (unglazed) Windows will have complete views over the rear garden which is currently completely private in addition to direct sight into one bedroom and oblique views into both rear bedrooms. I have found local and national policies regarding visual amenity and local character (generally linked to good design) but despite numerous sites saying an objection based on privacy is valid I can find no explicit mention in national (NPPF, PPG) or local policy. Could you direct me to an appropriate reference?
Hi Ben – the best place to start is the Government’s interactive guidance. The issues you need to address are overlooking and privacy. Both are valid concerns in certain situations, but may not apply in your case. https://interactive.planningportal.co.uk/
We have been granted a disablement facilities grant for my son to have a single storey extension built to the rear of our property to use as a bedroom for him .
Both our house and our adjoining neighbours house are housing association properties and the they have agreed to this work being done , however the neighbours have put in an objection on the grounds of loss of light to their lounge and loss of a tree ( the light from the extension will be no more than that of the tree that is already there which in actual fact blocks a considerable amount of light to both properties ) can they object being a tenant? Or does it have to be the landlord that places the objection ? And should I notify the planning department that they are not the owners of the property but are just the tenants ? Everyone else in the vicinity has no problem with the development .
Hi – I can’t give you any specific advice. In general:
– Anyone can object, including a tenant. It makes no difference who they are. However, the planning authority will look at whether the planning objection is valid. Just because an objection has been made, it doesn’t mean that the application will be rejected.
– Unless the tree has a TPO (Tree Protection Order) on it, you can remove it without a planning application.
– Loss of light is generally a civil law matter and not part of the planning process, but there are related issues which can be considered.
Hi our neighbour put in a PA for an extension on his house and stated his swd went into a soakaway on our property. However his documents were misleading as it does not, and, he has never had permission to do so either. Also under common law you cannot channel your swd into another’s property. We notified the PD of this misinformation but they ignored us and granted PP. What can we do?
Hi Bernadette, I can’t give specific advice. In general, it’s entirely legal to apply for planning permission and require the use of property you don’t own. However, an approved planning application doesn’t give the applicant the right to access that property. I’m not sure how that would work with a soakaway, but I would advise you to speak to a solicitor.
Hi…we leave on a private road. The owner of the property running alongside our road has applied for a major extension to his property. In order for this work to be done, they will have to use our private road (which is maintained my the 13 residents). For obvious reasons we are concerned about the buildersa using our narrow private road. What are our rights? Please advise if you are able to do so. Thank you.
Hi Mahendra – that wouldn’t be an issue that planning law could have a say on. Should planning permission be granted, it doesn’t give the applicant any rights to access land they don’t own. You should contact a solicitor about the use of the private road – they should be able to better advise you.
My neighbour has submitted a planning application for a single storey extension to the back of the house. Our houses are semi detached. The plans include building a flat roof with full balcony access.
This would mean their balcony is running next to our upstairs bedroom and approximately 10 feet along. This would create a privacy problem with our bedroom window.
The plans are submitted and out for neighbour comments and I need to know where we stand with this issue and planning laws.
Thank you
Hi Anita, I can’t give you specific advice but in general, loss of privacy from a balcony is something that can be taken into account in the planning process. If you put in an objection on that basis, I would expect planning officers to consider it carefully.
Hi, I am planning to buy and convert a detached bungalow(with low roof), that has both side houses, to a two storey house. One of its neighbors, who has 5small windows to their side wall, mentioned that they will lose light and air that they have been enjoying for last 40yrs hence she is going to object my extension. And on our plan we have only one en-suite glazed windows. Please suggest the likelihood of getting approval for my extension application or is it likely to be rejected based on neighbours objection to loss of light. Thank you.
Hi, we bought house next to Taylor Wimpy showhome. When we bought the house we were told they will be sold as houses. Our garage wall is attached to these houses. Now TW is selling to council for interim community facilities. Changing it from house dwelling to F2 (b) halls. What are our rights please. Thank you. Can developers do that?
Hi Shra – that sounds like a legal issue between you and TW rather than a planning issue. I’d suggest seeing if you have anything in writing from TW saying that they will be sold as houses, or consulting a solicitor.
Hello, we didn’t know about the 2 metre rule with rear garden fencing, we have added trellis to the top of the fence, with out trellis it’s 179cm, with trellis it’s 236cm, this is due to having cat protection added to stop cats escape the garden and causing damage to neighbours property.
One neighbour has made complaint to council, due to the height, no lack of light just the height.
Council say we can apply for planning permission retrospective, is this something that is likely to get approved please?
Hi Sweetemma – I’m afraid I can’t say whether its likely to be approved. You might be able to get guidance from the planning officers on how they would evaluate an application – which planning rules are relevant, for example.
[…] Which objections can be taken into account in a planning application? […]
Hi
Please could you let me know the legislation / secondary legislation / regulations that will be taken into account when considering whether to grant our neighbour an additional access to his residential property that will run adjacent to our property (where currently there is only a field).
Thanks
Hi Hugh,
If this is a planning application, the National Planning Policy Framework and the council’s adopted planning policies will be considered. However, that’s a lot of pages and you should speak to a planning officer at the council to get more information.
My neighbour has submitted a planning application to extend their house, at present i have a right of way that they will build over and have told the council it will be varied. I havent agreed to this and they havent asked for any consent. Cant they change the route of the right of way Easement in the deeds without my agreement?
Hi Richard, whether or not the planning application is approved makes no difference to any easements or rights of way. They would need to be addressed separately, normally outside the planning process. I suggest you get legal advice on those issues.
I live on a close of brick bungalows. We are planning an extension to make our two bedroom bungalow a three bedroom one. We’d like a double hip to gable roof on the loft conversion and front dormas. Will the fact that there are no bungalows on the close who have had this done be a basis of objection? We’ve also gone for white render because the work would mean that the brickwork would look disjointed once extended. We’d just like to know where we stand in terms of objections. Any advice appreciated
Hi Siyenna – it is possible to object on that basis (essentially, that your property would look out of place on the street). However, that sort of loft conversion for bungalows is very common and council officers may well decide that the objection wasn’t grounds to reject the planning application. I would suggest speaking to a council planning officer.
I recently got approved of extending my property from the back and both side and a extended porch to the front in due corse i have had the footings dug out and concrete poured foundations done whilst taking the existing room off the property i noticed cracks in the existing front wall and side walls of the property which then i took down the side wall would have fallen into internal walls once extended the front wall was weak and i took it down just to replace on the exact same foot print but now council have stopped all work at the site as they are stating its a demolition which wasnt granted and to re start the whole process which is applying for a new build application i still have the back wall and middle dividing wall still up is this right for them to do
I’m sorry, I don’t have the information or expertise to give you any advice on this. You should speak to the council officer and, if in doubt, get independent legal advice.
our neighbour has recently enlarged and renovated their house. adding a giant glass front. they’ve also removed a big old tree that prior to their new build was blocking their house from view – adding privacy. Now that tree has gone and their half glass fronted house totally over looks our rear garden. we have 0 privacy. what if anything can be done?
Hi there,
We live in a detached bungalow which currently has an attic room with skylights on both sides, overlooking both of our neighbours. We have just had planning rejected for a new roof and the addition of a side dormer on the grounds that we will overlook our neighbours.
However, the planning officer doesn’t seem to have taken into account that we already have windows overlooking our neighbours and, if anything, the dormer would improve our neighbour’s privacy because of its position compared to the current skylight.
I don’t fully understand the rules with regards to overlooking, but could this oversight be grounds to appeal the decision?
Many thanks,
Oliver
You mention a private right of way is not admissible for objecting. Do you mean a permissive ROW here.
What about a public ROW? If a new estate goes across the middle of a public ROW is this a valid reason for objecting.
Many thanks.
Hi Mark, you can certainly object due to loss of a Public Right of Way (PRoW). Normally, it would be acceptable for the footpath/bridleway to be diverted, or to be stopped up if a good alternative was available.
We previously had a 2 story venue on a patch of council owned land opposite us. It could hold up to 500 people. It closed 10 years ago and has since been demolished. Now a local group of people are planning an application to have a 5000 seat arena built. Despite residents appeals. It’s in a residential area.
Hi Stella, I can’t say anything about the detail or whether it would/should be approved, but there are various grounds that residents could choose to object on. That could include issues around traffic, parking, construction and visual appearance.
I live on a cul de sac and I share part of the driveway, with the house opposite me. I have received a planning application notice from the council, as the opposite house would like to do a two story side extension. I am concerned about the shared part of the driveway and also mine being ruined due to the number of vehicles & lorries that will come on to the driveway. This will be in addition to the disruption and access to my car. Is this considered ‘material planning considerations’ in the council’s eyes?
Hi Rakhee, I doubt that would be a planning consideration. However, if you part-own the driveway, it might be a legal consideration between you and your neighbour. Some disruption is normal with any development, but you may be able to reach an agreement where inconvenience to you is minimised and cost to you of damage to the driveway is covered by your neighbour. I’d suggest you speak to a solicitor.
What type of evidence would you need to provide if you were opposing for fear of crime?
Could you use personal experience of walking past individuals, who you had a suspicion of dealing drugs, and their behaviour caused you to become anxious as you werent sure how they would react but they werent visibly carrying for example a knife? sorry it is not a very well written example.
Hi Carole, I’m not a professional, but I’m pretty sure you would need good evidence that the proposed development would increase crime. Someone having a fear of crime wouldn’t be enough. The Police are often consultees on planning applications and they would be best placed to evaluate the risk of crime. I can’t really say more without knowing more about the application.
Hi
I am putting in a planning application for a 2 storey front extension on a 3 bed house (privately owned, bought from private landlord who previously bought from the council).
Our house is the end terrace of 3 houses and only one more block of 3 terrace houses in our cul-de-sac (built in 1931) totalling 6 houses (all apart from ours housing association owned). Opposite side of the road is housing association flats, built in the 60’s/70’s and not very asthetically pleasant to look at.
My question is does the fact that all other properties in our cul-de-sac being housing association owned, and having an already ungainly appearance, have any bearing on the likelyhood of refusal on the grounds that it would create an ungainly appearance or affect the streetscene appearance?
I realise this is a vague question but just trying to find some advice as my planning application consultation end date is coming up soon on the 2nd October and I would appreciate any help!
Many thanks
Sarah
Hi Sarah, I can’t give any specific advice. In general terms, it would be harder to refuse the application on those grounds if the rest of the street didn’t look great or already had a very varied appearance.
Hi a neighbour owns land that runs behind 7 houses and has put planning in to build a Bungalow at the back of the 7 properties creating a major privacy and security issue.
They want to create a access road off the residential road that runs down their existing property and the neighbouring property( gap between the 2 properties is no more then 7ft) nothing more then a car will be able to fit down the access road.
is this likely to pass planning?
Hi Simon, it could pass planning – I don’t think there’s any legal obligation to have a wide driveway. However, if you put in an objection you could mention it and the planning officers would consider the issue.
Hi
A neighbour applied for planning permission to build roof extensions on both her property and mine. Permission was given and she went ahead and built on her property – I did not build. The Council (Lambeth) is now saying that I’m liable for a substantial CIL payment, since development has commenced.
My neighbour and I had previously submitted a joint application for the same project years before, which got rejected. This time around I did not want to participate, and I let my neighbour know, but did not object as I was not aware of any negative impact. She went ahead with the application based on the original joint application, as it had a better chance of getting approved. At no point I signed any documents committing myself to the project, or to the CIL charge.
In my mind it simply doesn’t make sense that I could be liable for anything on a project in which I have no part or signed anything, but the Council insists that I am. Is this not completely unreasonable?
Hi Pablo, I’m afraid I don’t know anything at all about Lambeth’s CIL policy – I can only suggest you speak to a local councillor or seek professional legal advice.