Planning proposal.(10 Posts)
Any advice would be greatly appreciated as I'm at a loss! I live in a conservation area. Many houses within this area have had extensions so as we have grown out of our house we would like to do the same. We chatted to our neighbours about it and from the outset the wife was mortified that we even consider such a thing could even thing! She made it perfectly clear that whatever we propose she'd decline. We went ahead with the proposal and unfortunately it was declined. We then arranged for our architect to re-visit and now a new proposal has been submitted.
We already know that they are going to object (even though they haven't seen the plans yet) as they told us!
We have requested a single storey orangery/sun room. It will be in keeping with the area and the location will be at the side of our house. The way our houses join means it'll be at the bottom of their garden to the right. We will be close to their fence but other than that we will not be blocking any light. The husband is a solicitor and has already suggested he will stop this. I'm wondering on what legal grounds. Any ideas would be much appreciated!!!
Have you already discussed your proposal with the Planning Office? There are specific grounds for objection but you should be able to get a feel for the official view and any likely sticking points. Even if neighbours do object their concerns may not be upheld. If there are any local bodies (ie. Parish Council) who may have influence you could attend meetings or write to them.
Talk to your planning office. Neighbours have to object on 'material planning considerations', which can include things like loss of light, loss of privacy, visual amenity, noise/disturbance resulting from use, effect on listed building/conservation area, tree removal.
I sit on my local Planning ctte and they can't turn you down just because your neighbours object. It has to be a material concern as defined by law - something like overlooking, out of proportion to the existing property, choice of materials, out of character for the area etc. Most planning depts will give you advice (for a fee), and sometimes it's just a few changes that are needed.
Thank you so much! I really appreciate all your advice. Yes, it was declined before because of the material being used and the height....oh, & obviously the neighbour's! The floor has now been lowered and material changed. We are not blocking any light. How do I contact the planning office? I know that's a stupid question but I'm new to all this!! Lol. When I call them would they be able to see my propsal on-line? I've heard from another neighbour that they are so furious with us for putting the propsal forward that they are using a legal representative that deals with this kind of thing to stop me! As you can imagine I feel like a fish out of water!! The wife thinks that I'll be de-valuing her house & destroying her stunning garden! I can't get my head round how a small orangery (well actually it'll be for kids toys!) at the bottom of her garden will be doing any of that! As you can imagine relationships between us is now sadly very strained.
The planning committee will look st your application and decide it based on what you've submitted. You don't need to phone or talk to them, it will go through the process.
The husband may be hiring someone to write an objection on planning grounds but that doesn't mean it will be refused. The other way of 'stopping it' is judicial review, which costs a lot of money and would be against the council for granting permission - it is pretty unlikely and expensive.
Your neighbour should remember that a neighbour dispute has a significant impact on house value.
Who submitted your planning application? If it was your architect I would be asking them for advice (you will probably need to pay for this if you haven't already), are they an architect (registered with the ARB so that they are properly qualified & insured) or a plan drawer? I just ask because the questions you are asking are the kind of thing I would hand hold clients for as part of the service of being an architect especially if they are in a conservation area. It's only part of the job to draw nice pictures!
As others have said, your neighbour can object all they like but unless their objection has valid material considerations under the planning rules it means nothing.
As you've had difficulties in the past in might be worth making an appointment for a chat with your planning officer( their contact details are on your planning submission notification letter), you may need to pay for this (it used to be a free service but many councils now charge)
As I said most of this would fall under the remit of a competent architect however it feels to me like you've fallen into the trap of just asking somebody to draw up plans rather than ask somebody to use their professional knowledge to get you an extension built which would include advice, drawing up plans that meet your specs & work within the planning & BR rules, submission & discussions with planning etc
Have a look online at what planning permission has been granted in the area. If you can find other extensions within the same conservation area which are similar in size and height to yours you can demonstrate a precedent has been set.
There's no such thing as precedent in planning law, it's basically according to the current planning policies which you can get from the council, but they do change from time to time.
What was fine 5 years ago could easily bit be allowed now. Focus on demonstrating how it meets the planning policies and you won't go far wrong.
I beg to differ: if they refuse but the application of planning policy is inconsistent with a previous application that was granted then you can challenge it.
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