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Property/DIY

Retrospectively objecting to planning permission

11 replies

gininteacupsandleavesonthelawn · 15/02/2016 12:26

Can we do it?

We've bought a house with plot next door with existing planning permission. There's a window on the plans which will overlook our otherwise completely private garden. It was already approved when we bought but the plot was for sale and we figured anyone buying would likely alter the plans and we'd have the opportunity to object, however it's not selling and the original owner now wants to build. It's a dormer on a roof, we'd be happy with velux type but not this. Is there anything we can do?

OP posts:

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sparechange · 15/02/2016 12:31

No, you can't object after it has been granted, especially if you bought the plot after it had been grated and after knowing the design and plans
Can you imagine the NIMBY chaos if you were allowed to move in to a new house and then decide you want the neighbouring houses to change their windows and extensions to suit you?

At best, you can hope that the planning lapses and they have to reapply in 3 years, but it doesn't sound like that is very likely

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sparechange · 15/02/2016 12:32

Have you approached the owner and seen if they'd change it to your preferred window? They'd be under no obligation to, but perhaps you could offer them some money to cover the costs of speaking to the council and buying the window?

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shutupandshop · 15/02/2016 12:32

You bought it knowing this. Wether you cam or not, your being VUR.

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RudeElf · 15/02/2016 12:35

Ha! good one.

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shovetheholly · 15/02/2016 13:58

I don't think there's anything you can do planning-wise, but it might be worth speaking to the neighbours and asking them because they really might not mind. (Esp if you offer to pay for any alterations to plans/permissions).

DH and I are planning an extension, and we are involving our next door neighbours at every stage of the process so that they know exactly what is going on and have input into the plans at evey stage. They are eminently reasonable and lovely people, and the last thing we'd ever want to do is to upset them. In fact, at the moment they are the ones saying 'Oh we love your plans!' and we are actually the ones speaking to the architect and saying 'We feel the plans are overbearing, can you reduce roof height so we cut out less of their light'.

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gininteacupsandleavesonthelawn · 15/02/2016 15:04

Unfortunately the person building it was the only person living in our house at the time so of course no one else would have objected. The planning was originally granted in 2007, and has been 'refreshed' when required since. I'll check when it next lapses, thanks. We couldn't let our dream house go because of one window but the longer were here the more of an invasion it feels.

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sparechange · 15/02/2016 16:06

Even if no one objects, the council won't grant permission for something that is unreasonably invasive on the privacy of neighbours.
We didn't raise any objections to our neighbour's loft extension, but the council refused it because their proposed balcony would overlook our garden. They resubmitted without the balcony, and it is all fine.

So I would be surprised if the proposed design on this house is unreasonably invasive because the council would have picked that up, regardless of the feedback from neighbours. Are you sure you have understood the plans correctly? Or are you being unreasonably precious about your garden?

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SoupDragon · 15/02/2016 16:20

Isn't a dormer used to increase head height in the loft space? I don't think anyone building it would be happy to ditch the dormer for a velux in that case.

You could write to the council and see what they say.

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wowfudge · 15/02/2016 16:28

Hang on a minute - it's a first floor window. How much over looking of your private garden do you think anyone in the house next door is going to do? If it was such an issue to you, it should have been addressed before you bought your house. If I were your neighbour I wouldn't change the plans to a velux to suit you I'm afraid. It's the difference between properly seeing out and just getting natural light.

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wowfudge · 15/02/2016 17:18

My first post on this thread is harsher in tone than I intended, but if being overlooked at all is an issue then you should have dealt with it before you bought.

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gininteacupsandleavesonthelawn · 15/02/2016 19:15

It was a very complex purchase and we didn't become aware of this until the very last minute and we'd have lost the house. It is very obtrusive, in fact there isn't one on the other side for exactly that reason as it would over look the neighbour. The plans were granted in 2007, how long are the valid?