to not want a house built in our garden - do I have a choice?

[somesortofmagic]

Found out last night, through our landlord (we're renting privately), that he's putting in a planning application (searched on our local council site and actually he already put it in a while ago) to build a house in front of ours. Should explain the set -up - he owns three houses in a row at the end of a cul-de-sac and rents them all out, we're on the end of the row. Opposite us, just at the end of our front garden, is a row of 3 garages and parking in front of them then the road in front of the parking/drives. He's proposing to knock the garages down and build a small 1-bed house where they are, and leave 4 parking spaces for the then 4 houses that will share that bit.

Hard to describe the actual 'plot' but basically the space available because of odd slanted/sloped layout and fencing behind the garages means he'll have to use at least half our front garden if not more, and possibly the same with our next door neighbour but the layout is odd and we're in the corner with a bigger front garden than them so it's ours that will have to be cut into IYSWIM. This will definitely have to happen as there's absolutely not enough space just where the garages are - sorry, really hard to explain without a picture and don't want to out myself! We'd lose our garage storage and it would definitely take away a lot of light and possibly privacy (if there were windows in the side of the house facing us).

Understand he might not even get planning permission but is there anything we can say about it, does our opinion matter as we're renting? Can we object as residents or do you only get a say if you own the property? Not sure how much we can ask neighbours as the ones next to us only moved in 3 months ago and the ones the other side of them I think are related to the landlord in some way so might already be on side with the idea.

As a leaseholder the landlord should have served a notice on you when he submitted the application. To have failed to do this may mean the correct process for the application has not been followed and it is invalid.

I don't know where you are but I rent in London and wouldn't want to annoy my landlord in anyway as the rental market here is crazy and my biggest fear is being asked to leave, therefore I would not be putting in an objection.

In your position though I would have no qualms in asking if this goes ahead if he would either a-consider reducing your rent as you will be loosing some of your garden and your garage or b- draw up a new contract where it's agreed that your rent can not be raised for a few years as you'll be paying the same rent for less property and land.

If you are on a rolling contract then I would assume if the plans are approved that either the LL was going to give you notice to vacate or renegotiate a new tenancy without part of the garden you have now. Or do nothing and just keep the planning permission for the future.

I think with living in rented you must always keep in mind that the property is not actually yours. You only have it for as long as the lease says you do which in the case of the rolling contract could be if you gave notice, if I am correct, 1 month and 2 months if your LL gives you notice.

I would imagine that your LL is fully expecting the other three households in the road to object...there is no benefit to any of them and a material loss. I would try to get all three to lodge objections. If you call the planning office they can help you to word it correctly and make valid points which will be taken seriously.

It's a bit awkward with the LL but you have a professional relationship not a friendship. Maybe you won't want to continue living there anyway. If consent is granted he will be keen to keep you as less tenants will want to move into the middle of a building project.

You can object but you need to understand what you can object about - just saying you don't fancy it is not good enough.
This is how it works in my borough, but it will be different by area.

1. Applicant puts in for planning permission. Immediate neighbours are notified by post.
2. Planning officer reviews application and makes recommendation to approve or reject.
3. If recommended for rejection, the planning officer will talk to the applicant and let them know what the issues are, giving them the chance to make modifications to the plans. Based on the mods, the officer may then switch to an approval.
4. If the planning officer recommends approval, it will automatically be approved UNLESS more than 6 people object.
5. If there are enough objections it does to a planning meeting for discussion, which the public can attend.
6. One of the objectors can make a 2 minute speech explaining why it should be declined. The applicant can also make a 2 minute speech to put their case.
7. The councilors at the meeting decide whether to approve of decline.
8. If approved, the objectors have no right to appeal.
9. If refused, the applicant does have the right to appeal.

The key is to find objections which are valid - such as reduction in light, being overlooked, building to close to the boundary, increase in hard standing. You would need to do some homework to understand what these factors are - I would chat to the planning officer; just call them.

The footprint of a 1 bed house can be pretty small.

From Wikipedia: Typically, a small British single garage is 8 by 16 feet (2.4 m × 4.9 m), a medium single garage is 9 by 18 feet (2.7 m × 5.5 m), and a large single garage is 10 by 20 feet (3.0 m × 6.1 m).

Even if the garages are small, the footprint of the space they occupy is 2.4x4.9x4 = 47.04 square metres. Assuming the house would be two storey, that would be 94 square metres which would be enormous for a 1 bed. I used to live in a 3 bed that was 75 sq m.

So the plot where the garages are could be big enough for a 1 bed house with a small garden, without having to build into your garden.

Can you access the plans, to see what your LL has actually proposed?

Good luck!

I don't think that you can even object, only the homeowner can. We have had a few letters recently about planning proposals in our street, and all of the letters have been addressed to the homeowner.

Sedona123 that's not right. Anyone can object, even people who live miles away, but closer residents' objections are more likely to carry weight with a planning officer.

Unless, say, you are objecting to an application for fracking in a Naional Park ...

Morecheesegrommet also has good advice. OP your best chance of getting it refused is to get it called in to committee, circumstances on how this happens can vary so you need to check with the planning officer or your ward councillor.

Tricky one, because obviously pissing off the LL is the last thing you want to do. If you like the house and the rent is reasonable then I wouldn't object. I'd probably just ask for a rent reduction for the months of construction and the loss of the garage.

Moving house is so expensive and inconvenient. If you can cope with this new property then it might be best to just put up with it.

I am 99% sure I am right. I have had planning permissions letters sent through to both my last house, and my present one. I guess that it might be different in other areas though? Obviously though, any type of planning permission is going to affect the actual homeowner more, rather than a tenant who most likely will not be living in the affected home long term. All of the letters that we have been sent regarding planning permissions have been addressed to "The Homeowner", and it has also been stated on the letter that it is to be passed onto the Landlord if you are not the homeowner.

You don't have to receive a letter from the council to be allowed to object to a planning application however. Anyone can object. But the homeowner is more likely to be interested as you correctly say Sedona.