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to not want a house built in our garden - do I have a choice?

(37 Posts)
somesortofmagic Sun 20-Dec-15 06:50:00

Found out last night, through our landlord (we're renting privately), that he's putting in a planning application (searched on our local council site and actually he already put it in a while ago) to build a house in front of ours. Should explain the set -up - he owns three houses in a row at the end of a cul-de-sac and rents them all out, we're on the end of the row. Opposite us, just at the end of our front garden, is a row of 3 garages and parking in front of them then the road in front of the parking/drives. He's proposing to knock the garages down and build a small 1-bed house where they are, and leave 4 parking spaces for the then 4 houses that will share that bit.

Hard to describe the actual 'plot' but basically the space available because of odd slanted/sloped layout and fencing behind the garages means he'll have to use at least half our front garden if not more, and possibly the same with our next door neighbour but the layout is odd and we're in the corner with a bigger front garden than them so it's ours that will have to be cut into IYSWIM. This will definitely have to happen as there's absolutely not enough space just where the garages are - sorry, really hard to explain without a picture and don't want to out myself! We'd lose our garage storage and it would definitely take away a lot of light and possibly privacy (if there were windows in the side of the house facing us).

Understand he might not even get planning permission but is there anything we can say about it, does our opinion matter as we're renting? Can we object as residents or do you only get a say if you own the property? Not sure how much we can ask neighbours as the ones next to us only moved in 3 months ago and the ones the other side of them I think are related to the landlord in some way so might already be on side with the idea.

bearleftmonkeyright Sun 20-Dec-15 06:54:36

Yes you can object. Anyone can who is affected. Have a look on your county council website.

somesortofmagic Sun 20-Dec-15 06:56:49

Thanks, that's good to know, will have a look - can you object anonymously, don't want to annoy our landlord if we can help it

CheshireDing Sun 20-Dec-15 06:59:33

You can object to the Planning Department (usually can do it on line), it doesn't matter that you are tenant not owner you could still be living there for years. The documents/objects/comments etc are publicly available for all to read so your Landlord will have access to your objection.

Not saying you should not object just because the Landlord can see the objection, of course you should if you are not happy.

superram Sun 20-Dec-15 07:00:07

No, you can't object anonymously I don't think. I would be up front and ask him what his plans are. It should show on the plans on the council website if you garden is being used.

piapiapiano Sun 20-Dec-15 07:00:56

You can object but your LL will know you've objected which may cause you more problems. Tricky one.

CheshireDing Sun 20-Dec-15 07:01:00

No it will not be anonymous, as (for example) the house to the left of a development could have different issues to the house to the right of a development. The documents lodged on line will show which property has made comments and their comments.

icklekid Sun 20-Dec-15 07:01:24

No you can't object anonymously because they need to know who is objecting and why it affects them. You need to work with your landlord to find a solution that doesn't affect you so much - if your worried about risking your let then not much you can do sadly!

BikeRunSki Sun 20-Dec-15 07:03:21

But bear in mind that the last government relaxed planning laws so much that they are practically meaningless now.

somesortofmagic Sun 20-Dec-15 07:07:25

That makes sense, won't rush to object though then because really don't want things to become strained or him turf us out. The whole idea is so weird that I'm sheepishly hoping someone else in the road objects anyway (the house would be able to be seen from all the way down the road and I don't see how it won't be a bit of an eyesore. The LL put it as though he was just putting the application to see what happens, which is odd, so may not have thought through what a weird idea it is. Bad news about the planning laws though confused

bearleftmonkeyright Sun 20-Dec-15 07:11:37

It's the current government that relaxed the planning laws

ToffeeForEveryone Sun 20-Dec-15 07:17:08

You should check your tenancy agreement because some contain clauses that you have to support the landlord in any planning applications / disputes.

Your details will be published if you object, I don't think you can do it anonymously.

If the building work goes ahead your rent should be cut for the disruption whilst it's going on, and permanently if it has reduced your usable space i.e. garden and garage.

Bohemond Sun 20-Dec-15 07:26:43

There's nothing to stop you canvassing your neighbours and asking them to object but they need to object for proper planning reasons not just because they don't like the idea of another house on the road.

Planning laws have been relaxed for good reason - we have a housing crisis and need more homes to be built.

Dipankrispaneven Sun 20-Dec-15 07:35:21

How would a house be more of an eyesore than garages?

hotcrossbun83 Sun 20-Dec-15 07:41:20

Planning laws are not that lax. Opposite us is a house that was converted to commercial, they now want to to convert it back and it's been at least a year and not approved yet. Friends have also had application for a v simple loft extension refused.

Permitted development has made some things a bit easier but garages to a house will still go through a lot of assessment

EternalSunshine820 Sun 20-Dec-15 07:56:46

I don't know much about law, but if you have so far been paying to rent a certain property including grounds, and the landlord takes some of that area/space away, then you are paying the same amount.. for less than you did before. Is it worth a conversation with CAB about whether this changes the nature of your tenancy and whether you have a right to object on those grounds too?

LIZS Sun 20-Dec-15 08:00:55

The council online application should name an officer dealing with it who you could speak to or email. What stage is it at ? If it went in a while ago a decision should be made within about 3 months and there is a fixed consultation period within that . Even if he were to get permission he has 5 years in which to start before it needs renewing.

FishWithABicycle Sun 20-Dec-15 08:07:07

If the landlord wants it to happen and your objection gets in the way he will ask you to leave, definitely.

If suitable rental properties are in short supply where you need to be, start house hunting now.

If there are plenty of places you could live, when building work starts request a rent decrease to reflect the inconvenience of the building site and the permanent detriment to the property with it being a generally less nice place to live, and move out if that isn't agreed.

throwingpebbles Sun 20-Dec-15 08:08:51

Not sure you can do much about the planning permission unless you are prepared to object

Do you have a fixed term lease? If so he couldn't take part of your land back during the term of your tenancy

He would need to revise your tenancy arrangement to reflect the smaller plot and also reduce your rent accordingly

PedantPending Sun 20-Dec-15 08:26:12

But it is not "your" front garden, is it?

Whoknewitcouldbeso Sun 20-Dec-15 08:34:26

I have to say that the council loves infill projects and generally tends to let them go ahead as they don't require infrastructure beyond connecting to the mains etc and as someone rightly said, there is a housing shortage.

I would try and accept that this will probably go ahead and plan accordingly. We went to see a house when we were looking to buy three years ago. The estate agent photo was very odd, we looked at Google maps and the house was on a lovely corner plot with garden sweeping from the side, around the back. You can probably guess that when we got there, there was a house about an inch to the originals house's left

whois Sun 20-Dec-15 08:36:30

But it is not "your" front garden, is it?

It's as good as her front garden if it is included in the AST.

Whoknewitcouldbeso Sun 20-Dec-15 08:38:42

..... the vendor had sold off half the plot and my god it was awful. We were really upset as it was such a great house before the new one had been thrown up next to it. But the vendor had the right to do it, the developers were a local builder (couple) who did things like this as a side line and were really passionate about doing a good job. When we finally bought in a whole other county we saw on Right Move that both houses had sold and so obviously we were the miserable sods who had had a problem with it and two other families were perfectly happy.

somesortofmagic Sun 20-Dec-15 08:54:56

We had an AST when we moved in but now presume it's gone to a rolling contract as we were never asked to sign a new one, but it is on the original tenancy so it's 'our' garden for as long as we rent here. Guessed if we objected it might be the end of us living here - there's not a huge shortage of rentals around here so it wouldn't be too bad finding somewhere else if it went ahead, just be a shame as it's a nice place.

It would be far more of an eyesore than the garages as it would be 2 stories and would look really odd stuck on it's own in front of a street of houses. A reduction in rent would be nice but if it goes ahead will definitely be looking for somewhere else tbh.

Hoppinggreen Sun 20-Dec-15 09:06:38

A couple of years ago we applied for planning permission to build a house on the garden of a property owned by mil. It was turned down on the basis that the impact on the original property would be too negative - despite the fact that mil didn't mind at all
I know that planning has relaxed recently but if it would affect the other houses too badly it may still be turned down. However, if you Do object your LL will know and not be too happy about it.

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