45 degrees rule etc

(11 Posts)
Willow3131 Sun 22-May-16 22:04:38

Hi. We've just been given notice that our detached neighbours are planning a 2 story side extension. Their garage is on our boundary which they plan to knock down & build 2 story to create extra living accommodation downstairs & 2 bedrooms above. I'm struggling to see whether it is within the 45 degrees rule - can anyone shed any light on this? Also, are they able to build double story so close to the boundary? The garage has been there for years but double story will be ever so close to our property which is about 1.5m from the boundary. We don't want to be unreasonable neighbours, just trying to grasp what's what. I understand all planning departments are not the same too. Any help gratefully received.

321zerobaby Sun 22-May-16 22:11:40

I think all boroughs have slightly differing rules, can you look online? I have been looking it up recently, where I live the 45 degree line is from the edge of your nearest window, but some boroughs its taken form the middle of the window. Ground floor can be close to the boundary but first floor has to be a metre in.
I am looking at having an extension, so have been looking into the rules and regulations. If you build closer than 1 metre to the boundary, I believe they have to do some sort of party wall agreement ? Look at your local council website, there should be some guidelines there.

Willow3131 Sun 22-May-16 22:47:42

Thank you. There's hardly any information on the council website, annoyingly. I thought the meter in from the boundary for first floor extensions was for semi-detached houses only to stop a terracing effect? Also, the block plan doesn't show they already have a single story extension, which is significant as they are also building a first floor above the central part of the rear. I think I need to ring the planning officer & have a friendly chat. Thanks.

321zerobaby Mon 23-May-16 21:04:56

We are detached, and my first floor is a metre in. Yes I would pop down to the offices and have a friendly chat, maybe take a photo to help you explain. Good luck.

Willow3131 Tue 24-May-16 12:28:10

Thanks so much for telling me about the 1m in from the boundary rule. I have spoken to the planning case worker & he said it is part of their policy & something he will be looking at in due course. I asked him if we write in our concerns about the first floor being on the boundary will it hold more weight, but he was none commital & just said he will be looking at it. I don't want to voice our concerns in writing unnecessarily & hope they have to adhere to policy. Thanks again.

Rollercoaster1920 Tue 24-May-16 12:43:15

this website was very helpful in my objection to a planned development near us: planninglawblog.blogspot.co.uk/p/how-to-object.html

Do object (in writing / online) if you feel privacy, or light, or enjoyment of your property will be impaired.

namechangedtoday15 Tue 24-May-16 13:00:52

There is a good guide to the party wall process on the gov.uk website. They don't necessarily have to have an agreement with you - it sounds as if in this case the new foundations of their extension will be within 3m of your house (not the boundary, the actual building). If thats the case, they only need to serve a party wall notice if those foundations will be deeper than the existing foundations of your house. That's not done through the Council, they should do that with you privately and thats really only to protect you if the work damages your property. That should all be done if and when planning is granted and 2 months before they start work (if it applies).

Your objection (on account of the loss of light) etc is still something you should pursue with the Council via the planning permission process. FWIW, our council now requires a gap of 1m for double storey side extensions too, but I don't think its automatic, it can vary from area to area so its not a "rule" as such.

Willow3131 Wed 25-May-16 10:37:16

Hi yes it is the council's policy that the first floor should be 1m in from boundary but any development contrary to policy would have to justify why it should be allowed. In what grounds could they justify it? Our neighbour who has submitted the proposed plans is a builder so am sure knows all too well what's exceptable etc whereas poor us are complete novices! Any help gratefully received smile

Seeline Wed 25-May-16 10:48:10

Policy will vary from Council to Council so difficult to give precise advice.
Your Council's policy will be on the web site. You need to look under planning policy and find a document that will be called something like a Local Plan, District Plan, Borough Plan etc. There will usually be a policy relating to all forms of development, and there will usually be policies relating to domestic extensions. There may also be a separate document called a residential design guide (or similar) which may include guidance for extensions.
Justification - If the Council has a 1m policy, this will usually be to prevent a terracing effect in the street. If your property is 1.5m from the boundary, it is unlikely that there will be an extension in a limited space, so the Council may decide that your neighbours extension is OK as the likelihood of two properties right up to the boundary is unlikely.
The 45 degree rule (if your Council has such a rule) is usually taken from the centre of windows and relates to extensions that project beyond the rear wall of the property being extended. Again details for your Council may differ. A line would be drawn from the centre of any rear windows (normally of principal rooms such as living and bedrooms - not bathrooms, kitchens) and the neighbouring extension should not project beyond that line.
areas for objection - over development, loss of outlook, dominance, loss of light, loss of privacy.
The Planning Officer should carry out a site visit to the application site to assess the proposal. You could ask that they visit your property too, but they are under no obligation to do so. An experienced planning officer should be able to assess the impact of the proposal without having to actually enter neighbouring properties, unless the circumstances are very unusual.

Seeline Wed 25-May-16 10:49:12

If you want to PM me your council I can have a quick look at the website to see if I can find the relevant documents for you to look at.

Willow3131 Wed 25-May-16 14:33:36

Have PM'd you Seeline smile

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