Advice please. Neighbours planning permission granted, but we were not notified by council

[fruitandvegetables]

We have recently discovered that our next door neighbours have been granted permission for a large two storey extension. The permission was granted months ago and work is due to start later in the year. We did not receive any notification or plans in order to lodge an objection. The proposed extension will affect our aspect hugely and affect light coming in to two windows, completely blocking light to one. I realise right to light is not a thing as such but I believe there is some rule about windows over 20 years old not being blocked?

I'm feeling incredibly anxious about this so please be gentle. Please can anyone advise on what to do, or if anyone has been in a similar situation with a good outcome. I think I need to complain to the council about receiving no plans, I don't know if I need legal advice. Thank you.

There should have been a notice on display outside the property so you probably won't get anywhere.

The only real rule that applies is the 45 degree line from the middle of neighbours window you can’t build past that

There is not a legal obligation for Planning Authority to notify neighbours unless you were listed as a consultee. Agree there may have been a notice outside on lamppost, difficult to prove if not. You can see plans and comments online and any conditions applied within the permission letter. Is it under .permitted development rules? Buildings regulations will apply and that may mitigate some of the window impact so you could ask Building Control. Have you had a conversation with neighbour about how it might affect you?

Did they post a site notice outside the house? If so that counts as notifying you. If not then you could look to challenge the decision if they haven't followed due process but that can be a very expensive route to go down unfortunately.

Also is it actually planning permission they have or is it permitted development that they have been granted a lawful certificate for. The council have no control over that they can only say yes if it fits the strict size rules

Different councils have different policies to determine their planning applications so it's not true to say that this is the only rule.

It is full planning permission. We did not see a notice outside the house and I don't know how it can be proved whether there was one or not.

The new building wall will come right up to our boundary, am I right in assuming they will need to place scaffolding on our side in order to build?

Not necessarily but will likely need a party wall agreement. Guttering etc has to be within their side.

Should you have signed a party wall agreement? Measure the distance between the new foundations and your existing foundations and look up the rules.
You are within your rights to refuse any access to your land for scaffolding or any other purpose.
IME planning departments are possibly the most corrupt in local government. The fact that you knew nothing about this sounds suspicious.
Have you asked around your other neighbours?

We haven't spoken to other neighbours yet no, but the extension will not affect them.

In my experience, council planning departments won't care. Had an awful experience in that planning granted for a next door's extension which we had no issue with (though they didn't tell us beforehand, just waited for the neighbour notification to come through), they built up to the boundary line and their guttering was overhanging on our side. When I spoke to the council they said it was a civil matter now. Ended up selling as the neighbours, who we had lived next door to for 18 years with no issues, were insufferable and said we were just jealous of their build. I couldn't believe how ignorant they were. Moving was our only option.

If they’re building right up to the boundary then I can’t see how they could do it without access to your side. Which you can refuse. No idea if the Party Wall Agreement dispute process can force it on you though. Don’t forget planning permission is just that, it deals with approval for the development, it doesn’t mean the build is inevitable if other issues arise - like access rights for example. I could get planning permission for a piece of land that I don’t even own - doesn’t mean I can go ahead and build.

You need to ask them about a party wall agreement. You are well within your rights to refuse access from your side of the boundary for their works, in fact I would refuse. Make it crystal clear no scaffolding is to go on your property, your property is not to be used to access their works, your property is not to be used to store materials, etc. Scaffolders are some of biggest shits ever when it comes to having regard for property and the rights of others. Expect them to carry on even if you tell them to leave your drive, etc. They do whatever they like ime. Get CCTV and nip any access to your property in the bud pronto. Oh and take plenty of photos of your house, drive, garden, etc before any work starts in order to have evidence if anything is infringed or damaged.

Obviously it would be better to work with your neighbours, but it is they who want this extension, it's of no benefit to you, it fact it is probably detrimental.

You need to ask them if they got a letter or saw a notice anywhere.

The only one that’s seem to carry some clout when it comes to to objections about right of light

Thank you for all your replies. I really appreciate them.

Giving this a gentle bump for any more advice on how to proceed please.

Can you see their application online on the planning dept website. We would have received a letter if a direct neighbour and it would say on the website for that application that letters had been sent but I am in Scotland

How galling.
Definitely no access from your side. I’d buy a junk old car and park it in the way if need be.

I have emailed a complaint to the council and contacted a local councillor today. I don't know if it will lead to anything but I have to try.

My council don’t notify. They do put notices up that are often removed
nothing can be proven. Local councillors didn’t care, couldn’t even talk to my local mp about it as I couldn’t get past his secretary.

i wish you luck, i would prepare yourself that the ship has probably sailed and work on finding out things you can control e.g party wall agreements etc

Our council issue letters to adjoining properties which point to the website with the details and opportunity to object.

But if planning permission has been granted then it's granted. There is no neighbour right to appeal it.