Has anyone successfully objected to planning permission for neighbours wanting to build second property in garden?

[VeloVixen]

The new property would be right by the boundary hedge. Looking at the plans about 2 ft away from the hedge. So I’m concerned about noise/nuisance from having a new property so close to us.

If I objected on noise and/or overcrowding grounds would there be any chance I could be successful?

They managed to stop a second property being built in the garden that my MIL later went on to buy.

If you own check if there is allowed housing density listed on the covenant.

People on my street wanted to do this, no one actually objected but the application was rejected anyway due to it being too crowded and they felt it would ruin the 'look and feel' of another street that would have run alongside the proposed house.

Potential noise from an ordinary domestic dwelling wouldn’t be a material planning issue, I don’t think.

Planning is governed by laws, objections need to address material planning issues.

Would they be looking at a new driveway / exit in to the road? Council’s are very strict on safety of driveways.

Loss of privacy / being overlooked is a material issue, would windows overlook your property?

Right to light can also count if the new building would take light from habitable rooms: your bathroom wouldn’t count.

Is it a conservation area?

So it would be sharing a drive with the existing property (no 2 on this plan). It’s a small close, where there have already been 8 new houses built at the end of the close and there’s also a car park at the end which people use to park to then walk to the primary school. So for a small street it’s crazy busy with traffic. Goes out onto a busy high street.

Not a conservation area.
Will be a bungalow so hopefully won’t be overlooked.

Oddly on the planning portal there are no details/drawings of the proposed house. There’s that site plan plus photos of the current garden.

but no details regarding size of footprint, height of the property, pitch of the roof, where the windows are, etc. isn’t that normally needed?

I’ve found a bit which says that scale and appearance are reserved matters but it will be a property of an appropriate size for the plot. Says there’s a mix of house styles in the street so appearance doesn’t matter 🤷‍♀️

I built a house in my garden, which I then moved into and sold the original. The neighbours tried to object but were unsuccessful as it didn't breach any planning rules. Their objection was mainly based on the nuisance of the building process, which is not a planning consideration.

One thing which would have prevented me building it was if we had to have a shared drive as that is against my local planning regs but I am not sure if it is the same in every planning area.

I certainly did have to show height, windows etc

Yes I did. Many years ago our neighbour joined to us wanted to build a huge extension so they could make the 3 bed into a 5 bed with bigger kitchen downstairs etc. it was a massive project that took up half their garden and would block out a substantial amount of light into our garden. There was no parking for any extra cars. They wanted to merge their families so it would have been the two adults and their 5 teenagers. They were awful neighbours anyway playing music all hours of the day and night, parking over our drive so we couldn't get out, throwing stuff into our garden etc. I took advice and put a letter together with the help of a relative who was a local councillor at the time I also then attended the planning meeting and was prepared to read the letter out if I needed to. The planning got turned down, the neighbours moved and we had a lovely family move in.

People on my street objected to one because they said it would cause access problems (unadopted road) and noise issues. In reality it was a nasty vendetta because they didn't like the man who was wanting to build it. I had nothing to do with it and now the ringleader doesn't talk to me anymore.

Interestingly what they are showing as the drive for the new property is actually the drive for the current property. The planning application says plenty of drive, plenty of parking, etc……..yes there is if it’s just one property using it but there will be two using it! I’m going to object I think and really emphasise the access.

Are you one of the properties whose garden backs onto the new house?

The application sounds like it is seeking outline PP ie establishing the principle of development.

You need to look at the Council's local plan - it will be on their website. Find the policies relating to new development and see if you can find any conflicts.

At first glance I would suggest overdevelopment if the site leading to a cramped/overcrowded form of development.
Out of character with the area.
You could try increased noise/disturbance from the access/parking area, but it looks as though there are reasonable distances involved.
I would say that you would strongly object to a 2 storey dwelling, and would also object to any first floor windows on ori act grounds.

However, I wouldn't say it was a clear-cut refusal I'm afraid.

The plan clearly shows a new access onto the road, and its own driveway/parking.

That seems like a small garden to want to build in. Surely it would leave the original house with a postage stamp size garden and next to nothing for the new build.
especially when you consider driveway and parking space

Oh ignore me. I read it wrong. So they want to build to the side of their property. Not literally in their back garden?

plenty if houses near me have done that. I think you’ll struggle to get it refused I’m afraid

These are the reasons you can object to a planning application:

• loss of privacy
• overshadowing
• design
• highway safety
• traffic and parking
• noise (from the proposed use, not building works during construction)
• incompatible uses
• scale of development
• appearance of development
• wildlife
• trees
• flooding
• effect on conservation areas and/or listed buildings

Comments for anything else will basically be disregarded. Realistically I think you’ll struggle here. You won’t be losing privacy because it’s only a bungalow, the noise from a bungalow Will be no different from any other houses adjoining you.

The plan does show that but I promise you that’s already there. It’s the existing drive to the existing property (it goes to the side of the existing building). It is not a new drive.

Yes, it’s the side rather than the back.

Could I put a comment in then saying I don’t object as such but would like planning permission to explicitly be given only for a bungalow?

Which is what they’re asking for anyway

It really depends on exactly how the application is worded in terms of an outline application. It would do no harm to specify you would object to a two storey property on privacy grounds.

Thank you, I’ll do that.

Loss of light can be an effective ground of objection if it applies.

I'm not sure which is your house and what is the proposed new building on your plan but moving closer to your home will make windows much darker.

The house next door to us extended the building line by backwards not by much - probably less than a foot - and it was amazing how much darker it made the rooms in our house parallel with it.

If we'd known how much it would affect the light into our upper floor windows we'd have objected.

We wish we'd instructed a planning/light expert with hindsight.

So I'd say be aware that even though it might not look obvious moving building lines can really affect light access into neighbouring properties

The main thing is to object.

Say it is too close to your boundary, is overdevelopment, lead to loss of amenity, will result in loss of privacy.

You have nothing to lose by objecting.

The bottom of our garden overlooks a cul de sac. We are about 20ft above it with a retaining wall and fence, if that makes sense. Anyway, the people in the house directly below us put in for planning permission to build a detached house on a tiny strip of land 'adjacent' to their property. It was basically a scrappy little area next to their drive. The pitched roof would have towered over our garden and been almost close enough to touch. All the neighbours in their street objected. We objected, as did our neighbours - almost everyone who had received notice of it. Our local Green Party councillor objected too. The application was subsequently withdrawn. We don't know why, but we do know that most people, including us, objected to the precedent it would set in an already overstretched area. One house, not too bad - but the prospect of this happening over and over was certainly an issue for infrastructure, the environment, aesthetics and could lead to overdevelopment.