To object to this planning application with a Mumsnet style diagram

[daimbar]

Me, DP and DC live in a city centre flat with a small but lovely roof terrace - our only outside space.

At the moment our terrace is adjacent to a flat roof so totally private and not overlooked by anyone.

Our next door neighbour rents out her property on Airbnb most weekends. No problem with that. She frequently rents her flat to large groups of people who use our shared fire escape - below mine and DP's bedroom window - as a smoking area. Not ideal but we accept a certain level of noise and smoke pollution is inevitable living in the city centre.

However, neighbour has now decided she wants to build upwards and build an extension and roof terrace on her roof which is immediately adjacent to our roof terrace. I am concerned our only outside space will be spoilt by groups of people drinking, smoking and partying, not to mention the fact they will be able to look directly in our bedroom window from the proposed new terrace.

I have spoken to her about my concerns and asked if she is prepared to discuss a compromise (such as an extension with no terrace) but she literally stamped her foot and said she was going ahead with her plans.

I know Mumsnetters loves a diagram. I have submitted a strongly worded objection to her planning application along with this diagram (me drawing on her architect's plans) to the planning committee. AIBU?

Belinda our bedroom door leads onto the roof terrace. We haven't extended - the property was converted from a house into flats back in the 90s I think and they made the little bit of spare roof into a terrace.

Best. Diagram.Ever!

i think you should get together with your neighbours. But send in separate complaints. no way should you have to put up with airbnbers. there was a good planning adviser at the homebuilding show and they are having one in london soon. you can attend her talk and you get the chance to book a free short 1:1 session for advice. think she was called sally tagg and the planning advice company was foxx and tagg ( hope my memory is correct!)

That drawing tho

So you can have a terrace - and presumably could hold a party there if you so decided - but you are saying that your neighbours shouldn't have a terrace, simply because you "know" what kind of people will be staying there?

The noise / business being run from the building is a separate issue. If it's noisy, whether that is from people living there or using it on AirBnB, there are appropriate routes for reporting the behaviour.

I'd suggest blinds or opaque film for the bedroom windows.

Are you in London and does she rent out the entire premises for more than 90 days a year. This contradicts AirBNB rules.

My BIL has recently come unstuck with his AirBNB income due to changes in their rules. Make sure you're completely au fait with them because if she's breaking them that could be your ace card. No point her spending so much on an investment that only yields for a 1/4 of the year!

i dont read op as being unreasonable at all. airbnbs when people are not on holiday can be very problematic

What is there currently? Just a big empty space she can access?

Hully yep just a flat roof.

I'm going to look into these Airbnb rules and potentially grass her up.

Totally best mn diagram ever. I'd agree your objection on that alone

Seriously I suspect that plan will be rejected it's highly intrusive to you.

That really sucks for you OP but you need to find legitimate planning grounds to object.

It's like being a lawyer trying to proescute a criminal - yiu can just show up in court and say "look, they're obviously a wrong'un" - you need to present an evidenced argument that fits within the legal framework.

As a PP has alluded, I would maybe additionally get into the council about her renting. AirBNB is a massive loophole and it may be worth finding out if she needs permission to run a business / needs to register as a landlord / has landlord insurance / meets required fire regs etc etc...

I'll hold my hand up - I've not read the whole thread (I'm supposed to be cooking!) but there is a law 'right of light' and if the extension will block the light that has been enjoyed previously I think you can object on those grounds... check out
www.rics.org/uk/knowledge/consumer-guides/rights-to-light/

Yanbu, but as someone who spent a lot of time opposing a totally unsuitable development next to us (which involved decimating ancient woodland with tree protection orders on all the trees, ignoring all wildlife laws regarding badgers and bats), and which was objected to on several sensible grounds by almost all residents in the street, depressingly we found that the council give the go ahead for almost anything if you know/pay the right people. It sucks, and I hope you will be more successful than we were, but I have lost faith in planning departments

You could object on:

Amenity grounds
Conservation area
Design

But these are probably slightly objective and the amenity issue can be resolved by screening. Does your council have design guidance on roof extensions?

Also do make sure you are legitimately using your roof space as a terrace. You don't want planning enforcement visiting you if you object and you don't have permission to use it as a terrace. It works both ways unfortunately!

If it will genuinely block out light then you may be able to object/sue later on those grounds but otherwise it is unlikely. You may have more luck preventing her Airbnbing. There are a lot of restrictions in place in this respect. You may also have redress if her use of the flat causes a regular disturbance to you.

Also I'm not sure how it works but won't she also need permission from the leaseholder of the building (which may be the other flats jointly)

my friend objct to a block of flats being bult next to her an cited right to light they said it was irrelvant-she has to have hr kitchen light on all day now

id go down the air bnb route with the new rules coming out first

Is your roof terrace part of the adjacent building? I'd also echo Littlecaf on making sure that your roof terrace is legit. In my experience councils currently really want to crack down on Airbnb and its like. My neighbour (whose guests have been great) has changed her flat's usage to residential lets. Grassing up the footstamper (what is she - 4 years old?) may be the most satisfying and effective method.

Definitely hire a planning consultant on this one.

We included google maps on satellite view with distances marked over the top to show our concerns to a planning application. Ours didn't directly fall under the sight lines issue but we could show just cause as to why it would impact us.

Their planning was refused.

daimbar

You say you have a shared fire escape. Did the applicant or their agent serve a notIce on you 21 days prior to submitting the application? It's sounds as if you have an interest in the land. What certificate have filled out at the end of the application form? They may have overlooked this.

I would also look into the freehold as the freeholder is responsible for the roof.

(I think)

We have had some planning issues recently! I agree with others a planning consultant could be worth paying for especially if you can share the costs with your neighbours. It may also be worth looking at the National Planning Framework policies/guidance and looking at any local planning frameworks that your local council has in place - the council planning department in my area used these guidance notes to refuse our application but they may well work in your favour. Planning, I have learnt, is very complicated!

Is she the sort of person who's likely to 'forget' to declare her airbnb income to the taxman?

Just a thought - there's a lot of 'forgetfulness' about...

Some excellent advice on here - thank you. A planning consultant would be a good investment and he or she would hopefully be able to attend any planning meetings with the council with us to speak on our behalf.