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Can my new neighbours get planning permission for this?

71 replies

Peronipony · 12/10/2024 09:56

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 😄

Can my new neighbours get planning permission for this?
OP posts:
Peronipony · 12/10/2024 12:02

GloriousGoosebumps · 12/10/2024 12:00

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?

Sadly not. I’m really struggling financially at the moment after being hit with 2 maternity leaves in a row and then a huge mortgage increase.

Hence why I can’t afford to move either!

OP posts:
boulevardofbrokendreamss · 12/10/2024 12:03

Sound alike they'll need full planning rather than PD and you absolutely need a Party Wall Award.

Luddite26 · 12/10/2024 12:04

My gran objected to something similar and even paid to take it to a tribunal in Birmingham she lived on the Yorkshire coast. The neighbours permission got granted and the builders had to take my grans hedge out to build the wall and put the scaffolding on my grans path for months and replant the hedge when finished .
It's ludicrous what gets passed and what doesn't.

Whyherewego · 12/10/2024 12:05

Peronipony · 12/10/2024 11:54

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!

Look on Google maps!

Whyherewego · 12/10/2024 12:13

Best bet is to speak with them and see exactly what they are planning. Then you can negotiate with them as they won't want to be tied up with delays around planning. So they may be prepared to be flexible. But the main thing is it doesn't look like it would fall under permitted development

TheLurpackYears · 12/10/2024 12:14

My 2 story extension had to comply with the 45° rule, fingers crossed for you that your council also uses it.
Objections can only be upheld if they are based on you councils rules.
Absolutely make sure there is a party wall agreement in place and don't agree to access.

Scoobyblue · 12/10/2024 12:17

Definitely get a party wall agreement. Don’t agree to access on your property.

TheLurpackYears · 12/10/2024 12:19

Also, ask the ndn to be considerate with parking if it's already an issue, if they set the tone with their builders then hopefully the builders will leave you space .
And take plenty of time stamped photos at the beginning of their project things like pavements and boundary walls so you have a condition report should issues arise.

Peronipony · 12/10/2024 12:22

Luddite26 · 12/10/2024 12:04

My gran objected to something similar and even paid to take it to a tribunal in Birmingham she lived on the Yorkshire coast. The neighbours permission got granted and the builders had to take my grans hedge out to build the wall and put the scaffolding on my grans path for months and replant the hedge when finished .
It's ludicrous what gets passed and what doesn't.

Oh I really hope not. I have a beautiful 30 year hedge teaming with birds, lovely little field mice, rabbits 🙁

Luckily we both have driveways so parking shouldn’t be an issue.

OP posts:
eqpi4t2hbsnktd · 12/10/2024 12:26

Our bastard neighbours built a massive extension, blocking our light. We are in a conservation area. It's bigger than planning permission allowed for - we complained to the council they said it was fine (it's not... we have measured it).
Council have been useless. Be warned. Do not be pally with them - they will take the piss.

eqpi4t2hbsnktd · 12/10/2024 12:27

Oh yeah they ripped up our patio and slashed our plants to the ground.

ConstanceM · 12/10/2024 12:29

A semi detached can only be built a maximum 3 metres out for 2 storey but more importantly the 45 degree rule is in play as their extension will block light to a 'habitable' room, ie bedroom not bathroom. On that basis alone they cannot extend. People really take the piss, I purposely changed my plans even before submitting my plans as I knew a 3 metre 2 storey extension would block some light to my neighbours. So I did a single storey 4 metre only and sacrificed a bigger space. Go to the council planning dept and raise an objection.

HappyTwo · 12/10/2024 12:32

I would have thought you could object based on reduced light into your window - just ring your council's planning office. I remember we objected to a neighbour's similar situation (although they also wanted a window!) and they appealed and the planning officer was there for about 2 seconds and when he saw how close their window was to our bedroom window he left and did not approve it.

HiThereSquare · 12/10/2024 12:33

Peronipony · 12/10/2024 11:54

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!

You can look on google earth

2Old2Tango · 12/10/2024 12:37

They have to take account of any guttering etc so that it doesn't overhang your property in any way.

I feel for you OP because my NDN had some work done recently. Only minor in the scheme of things, but their builder was there months (very slow) and the noise was sometimes horrendous. A year of it would have sent me doolally, and I wasn't trying to sleep!

It will be interesting to see how they get the work done with no side access. That's a lot of materials to cart through the house, and builders often like to use little diggers for the foundations. Definitely don't permit access via your own property, or placement of scaffolding.

Seeline · 12/10/2024 12:45

ConstanceM · 12/10/2024 12:29

A semi detached can only be built a maximum 3 metres out for 2 storey but more importantly the 45 degree rule is in play as their extension will block light to a 'habitable' room, ie bedroom not bathroom. On that basis alone they cannot extend. People really take the piss, I purposely changed my plans even before submitting my plans as I knew a 3 metre 2 storey extension would block some light to my neighbours. So I did a single storey 4 metre only and sacrificed a bigger space. Go to the council planning dept and raise an objection.

Edited

You're confusing two things here.

If being built under permitted development, one criterion is that the first floor can't extend more than 3m to the rear.
For a planning application there won't necessarily be a limit for permission to be granted as each application will be determined on its own merits with regard to policy and it's impact on neighbouring properties.
The 45 degree is not applicable to permitted development.
Not all Councils use the 45 degree rule when determining planning applications, but it is a good rule of thumb when assessing impact.

SinnerBoy · 12/10/2024 12:46

Blimey, you have two under threes and work nights and they won't move in whilst the work is being done, as it'll be too noisy and disruptive. They sound charmless and completely inconsiderate.

With all the advice here, I have nothing to add. I just hope that you get the most reasonable settlement possible. Like everyone is saying, definitely get a party wall agreement and don't let them ruin your garden for access.

Seeline · 12/10/2024 12:46

Peronipony · 12/10/2024 12:22

Oh I really hope not. I have a beautiful 30 year hedge teaming with birds, lovely little field mice, rabbits 🙁

Luckily we both have driveways so parking shouldn’t be an issue.

If the hedge is on your land, they cannot remove it.
They can cut away anything overhanging the boundary.

MSLRT · 12/10/2024 12:51

Peronipony · 12/10/2024 12:22

Oh I really hope not. I have a beautiful 30 year hedge teaming with birds, lovely little field mice, rabbits 🙁

Luckily we both have driveways so parking shouldn’t be an issue.

I would definitely refuse for them to use your property if and when they build this extension. You will already be inconvenienced from the noise and work. Just say no to access and that you don't want any scaffolding in your garden. Tough if the neighbours don't like it. They won't even be there when the work is being done.

FergusSingsTheBIues · 12/10/2024 12:54

Honestly I’d move.

LIZS · 12/10/2024 12:55

You would need to object but Right to Light can be tricky to uphold and a view won't be considered. If the foundations within 3m of your property are affected a pwa is required. Have any other properties done similar, is it "in keeping" with the neighbourhood?

Chewbecca · 12/10/2024 12:56

GlassHeart1 · 12/10/2024 11:24

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

Not in my experience!

Peronipony · 12/10/2024 13:06

From a Quick Look at Google maps not many have double story extensions. They are quite big houses anyway, more like individual builds so no two are the same. It makes it hard to say as it’s not uniform!

I wish I could move but we just can’t afford to.

I also quite like the area. It (was) lovely and quiet, I’ve got nobody on the other side of me but fields, nothing out the back but fields. Now I’ve got to look at that ugly thing and probably a load of builders bum cracks for the next year 😭😩

OP posts:
Metershower23 · 12/10/2024 13:08

Hello, if it does require planning permission, then it would have to comply with local and national policies. Normally, if your council has an up-to-date local plan, they should have a policy on protecting amenity (which would apply to this case), even if it’s out of date (over 5 years old), proposals shouldn’t conflict with the national planning policy framework. Keep an eye out to see if they’ve put a planning app in, if they start work on it without no planning permission granted then you have to contact the council enforcement team. Hope that helps.

rwalker · 12/10/2024 13:13

The only thing that carries any weight is the 45 degree rule about build next to an existing window

don’t even waste to time about lovely views and blocking light

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