Can my new neighbours get planning permission for this?

[Peronipony]

New NDN (semi-detached) have recently completed. I’ve met them briefly to which they explained they were completely gutting and renovating the house, expecting it to take up to a year. They are not living on site as it will be too disruptive for them, not sure when I’ll see them again to speak to them. I have 2 babies under 3 and work night shift so not ideal as I am currently dying of sleep deprivation but I understand there’s nothing I can do other than grin and bear it.

However, they are planning a large double story extension spanning the length of the house. The house already has a one story rear extension which does not really bother me as it’s alongside a fence. The new one will be double story which will mean when I’m looking out of the bedroom window, instead of my current view which is farmers fields (I cannot see into their garden because of my mature trees before anyone accuses me of wanting to ruin their privacy or whatever) I will now see a huge brick wall. I will also be in the shade due to the way the light falls.

Firstly are they likely to be approved for this or do I need to object? If I do is it a pointless activity? They are building up to the boundary line so will they need access to my property?

If I do object do they have an alternative, making it less wide or whatever?

They also have no access to their garden or rear of the house without going through the house…how do they get around this? I have side access, are builders likely to ask me?

I don’t want to stop them enjoying their home but equally don’t want to devalue mine. One of the plus points of mine is the great views and being relatively private. Now I’ll see someone’s ugly side wall or worse a window. I also don’t want to have bad feelings if I object and they get it anyway but at the same time surely they have to think about others also living here?

Thanks anyone who has a clue about this sort of thing.

I’ve included a terrible diagram which probably won’t help my case 😄

No idea, but I will bump this for you

They will probably need a daylight assessment before if goes into the planning process to show the extension is not effecting you natural light, as your bedroom will be classified as a habitable room . You can object as well, once it goes in for planning. If you have any neighbors the otherside, they can also object.

Shading and loss of privacy are both valid reasons for objecting to planning permission I believe. Planning permission applications are published online and you object online - Google planning permission + your council’s name to find out specifics.

Our neighbours did similar to yours, and our set up sounds similar to yours. We get on well and didn’t object. They showed us the plans and the extension didn’t actually come out that far in practise, our view is barely affected. The light was on the other side though so I guess that makes a big difference.

Do you have any contact details for them? If so I'd drop them a line along the lines of
Hi ndn welcome to the area once again. Great to meet you and to hear about your upcoming renovation. It would good if you could come by one day with the plans so I can get my head around what it will be like, I'm not much good at visualising these things! I just want to see how it may impact on my bedroom which as you know is very close to the boundary and your proposed extension. I'm sure your architect has thought it all through of course but would appreciate going through it sometime. My phone is xxx

Sort of thing.

I don’t know, but how stuff like this actually gets approved, I don’t even get it. 😂 We’ve been trying for 2 years to re-build a fallen down barn on our farm and can’t get planning permission to do it. Literally, foundation and walls are there. We have no near neighbours. It won’t affect anyone. You can’t see it from any roads or even from anyone else’s property. It’s been rejected 3 times now. Last time one of the reasons was because someone on the parish council apparently said there is a dead body buried somewhere here, but there is no record and no one knows where it is, but they think it’s on a neighbouring farm, and it’s a no. I can’t even imagine trying to get through plans that would literally put a wall in front of someone’s bedroom window. 🤷🏻‍♀️

If they are building up to the boundary and they need access to your property they will need a Party Wall agreement. DO NOT agree to waive your right to this. They will try to persuade you and convince you it will be fine without one but it won't be.

If they don't instigate one you must do it before any work commences. Do lots of research so you know what you're talking about.

Yes, you can object to their plans. You can find a list of valid reasons on line. Gov.uk is a good place to start. Also Garden Law website.

I objected to a neighbours new double height side extension. It blocks out loads of light in our landing and hallway. Our previously private back garden now has a massive upstairs window overlooking it. They built nearly up to the boundary, they literally left a gap the width of the wheelie bin. Which they’re obviously finding too narrow as they are blatantly pushing the privet hedge every time they go past and the hedge is now bowing out onto our path down the side. None of my concerns were listened to. I believe there’s no entitlement to a view so that will count for nothing. Sorry, it’s shit.

neighbour at the bottom of me is about to build a house in his back garden, only a couple of feet from the boundary. He’s building it himself at weekends and evenings and expects to take well over a year doing it. The groundwork’s were six months of mini diggering and rollering 🙈

You need to get onto talking terms with them now. If you're planning to object, it's better that they hear your concerns. Be quite vague, say you're concerned and you want to understand more. (That way they can't try and circumvent any of your issues by showing how they'd solve the problems in the planning). This way it won't be a shock when they do receive your objection... and you might luck out they may decide to do less.

If it goes right up to your boundary, party wall agreement may be required? You can say no, just as you can not give permission for workmen to come into your property. Object to the planning permission

Other thing I can think of is if other properties in the street have extended in a similar way, they can say there is a planning precedent already in place and it would be unreasonable to refuse THEM, possibly? Might be worth chatting to the planning team at the council.

Also - throw in the concern about light but I'm not sure that'll hold much sway. Certain times of day you might not get direct sun but overall they're not creating something that looms and leaves you in darkness.

They will need planning for a double storey extension and the planning department should put a notice on the lamp post and write to you but you can also check online at the local planning department as sometimes notices are forgotten. You will need to object within the deadline - have a look at the portal to see how best to frame the wording from other similar applications as planners won't take into account your work and need for sleep or right to light unless the extension is at s certain angle.

I have experience of neighbours applying for planning for this type of extension and unfortunately they have got it as there is a bit of a presumption to grant it nowadays to cater for families, encourage building etc. If any other neighbours have had planning for similar extensions they are likely to get it.

All you can do is object but do so factually so if they get planning it hopefully won't mean a fall out with the neighbours. I objected to my neighbour's plans but said I had no issue with single storey in the hope that would persuade the planners to just grant that but I had no luck so I am now overlooked - especially as they have cut down all their trees.

You do not need to allow the builders access to your land to build the extension.

I would suggest taking photos of the fence so if there is damage you can ask them to make good.

TBH I am more worried about how you will cope with working nights as the noise and dust is awful. Were you thinking of moving? If so, maybe you need to b4 it becomes a building site. If not, can you change jobs or get used to sleeping in headphones or stay with family on the days you work nights?

You have my sympathies

The deciding factor will be how far the extension will project at first floor level. If it is set away from the boundary, planning permission is not always required. If it comes right up to the boundary as shown in your diagram they will need to make a planning application.

Most Councils utilise a 45 degree rule - a line is drawn at 45 degrees from the centre of your windows in the rear elevation across the neighbouring property, any two storey addition should be behind that line. This is to protect the amount of daylight reaching your (habitable) rooms - bedroom, living room etc, not bathroom, kitchen, landing etc - and to protect your outlook (not a view - noone is entitled to a view). Have a look on the Council planning pages on the website and see if you can find the local plan - that should contain relevant policies. There might also be a residential design guide.

It is entirely up to you whether you allow access to your property to enable neighbours to build/erect scaffolding etc.

You can object to a planning application. The Council should either write to inform you of an application or a notice should be displayed on public land outside the property. Also keep an eye on the planning portal.

The Council have to take into account any material planning objections that you raise and balance those with Council planning policy etc. Just because you object doesn't mean permission will be refused. Things that you can object to are a loss of daylight, loss of outlook, visual dominance, overpowering effect, loss of privacy.

You should definitely object to their planning application and you need a party wall agreement which they have to pay for.

If the fence is theirs they can take it down but they cannot come into your garden without your permission .

When neighbours wanted to do months or noisy work using my garden I get them to sign up to a legal agreement to avoid certain days after night shifts , not work at the weekend using heavy / noisy machinery and agree to put my garden back to the original condition.

They agreed to my demands as the alternate was more expensive

Thankyou all of you!

I have no contact details for them but will try and get some.

I believe they are building up to the fence line, or very close to it. Do I need a party wall agreement for a fence? Me and the last neighbour only replaced the fencing last year but technically it’s theirs I think based on the land registry, I have no proof I contributed.

I do not want to grant access to my property in any way. I have unruly toddlers plus dogs and can’t be bothered with worrying about scaffold, loose dogs in NDN garden etc. I also have a mature garden full of wildlife I don’t want disturbed. I am on the end so have the only access, the NDN other side is also boxed in.

I don’t mind them extending but want it done considerately, I just don’t want to have to look at a brick wall or sit in a dark room on a sunny day for the next god knows how many years.

I understand people wanting to build but in a way it’s so selfish that everyone else must be impacted by it 😩 there’s no way I can move, I have no equity in this house and couldn’t afford anything else with the interest rate increases.

I work in planning for a local authority and looking at your diagram it looks like the extension could breach the 45 degree line on your bedroom window which means you will have a significant loss of outlook/light for you. I would definitely object on those grounds as it is a material consideration upon the assessment of the application.

I would also check how many metres the extension projects beyond the rear wall, if it's more then 3.5/4 metres and right up to the boundary than that would also affect the light and enjoyment to your garden and be very oppressive and I would also object to that.

Planning Officers will also take into account daylight and outlook when assessing an application but I would always say put your objection in.

Do they even need planning permission? Could it fall in permitted development? If it does I'm not sure you have a mechanism to object.

I think it may be permitted to build a double story, but it’s very close or on the property boundary. Does that not mean they do need permission?

Not an expert but you need to object and I would be surprised they can build to the boundary line as the roof might overhang your garden plus you would be affected/disturbed by any future maintenance of their wall etc. unless there is already something to the boundary line, maybe a garage wall.

You don't really need to contact them directly but if u had a notification then u could appeal.

If you still intend to contact them formally, they probably set up a mail redirecting service so the letter address d to them would be sent on.

If there's already an extension on the property then it may not fall under permitted development. Depending on size etc there's a max 50pc cumulative across all extensions on permitted development. any case even if it does " Any part of the roof falling within 2 metres of your neighbours’ boundaries must be a maximum height of 3 metres." So there's a height restriction in any case.

If you object, then a council officer would at least come out to assess the application from your side and listen to your concerns.

Do other houses in the street have similar extensions?

I didn't realise that a double story extension could be permitted development. That's pretty dreadful. I know there's a presumption to allow extensions but I don't think it helps people get on the housing ladder when smaller houses are made into much bigger ones and therefore significantly more expensive.

Someone has had a big extension built on my road - it must be the longest project in the world, the builders have been there for months, and work Saturdays too! It doesn't bode well for your sleep OP, I hope you can object. Also ask for a planning condition that they can't play loud music while working (not sure it's possible but builders seem incapable of working without having the radio on at 1000 decibels).

Thankyou!

I have no idea whether anyone else has similar. It’s an old street of 1920 style semis with the odd detached breaking them up. I can’t see the back of anyone else’s house but I don’t think they do!

Two storey/first floor extensions can be built as permitted development, but the restrictions are tighter than for single storey - distance from boundaries etc. It can be possible to add additional storeys to a house as permitted development!

Can you afford to instruct a planning consultant to talk you through valid planning objections and / or how to negotiate with your neighbours to ensure that you are less affected by their extension?