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?

Littlecaf yes we received a letter inviting us to submit our comments on the application and there was one stuck to the lamppost outside

AirBnB is a good shout in terms of making sure she's complying with whatever she needs to comply with.

There's a list somewhere of things you need to complain about when objecting to planning applications. Right to light is basically null and void. If you're in a conservation area they're really strict on new development. A planning consultant would definitely be able to help you word another objection against the proper list of things they take into consideration.

You win the diagram of mumsnet award 🏆

Um, has she spoken to her freeholder about it? Because she's not entitled to do ANYTHING to the structure of the building without permission. And if it's going to add value to her flat, her FH is likely to (and within their rights to) ask for a proportion of that value increase.

Also, check Airbnb's terms for London.

And her lease (you can just apply for it from Land Registry. They're about a fiver). Because most of the time short term lets are prohibited under the terms of the lease.

YANBU but any objections have to be made in accordance with arcane planning bollockspeak so stuff written in normal English is often dismissed by the jobsworth officers in order to perpetuate the sham of "planning".

Complain to council about the noise from air b n b guests and parties. Keep a noise log. Ask them to flag it up in relation to the extension and if it is going to be for "business" use.

Dont forget you and DP can submit your comments individually.

Cant add anything else to PPs good advice.

Ok with you now. Not trying to stick a spanner in the works - just wondered if they could say "well she's got one so why can't we".

I'd also say you can't win best diagram in s technicality because it's not all your own work 😉

Just to add my penny's worth, the freeholders should make sure that airbnb short term lets do not invalidate the buildings insurance.
Most insurance companies don't like it I'm told, and only accept minimum six month lets on an AST basis.

It's a good point Belinda and I can grudgingly see why it is tempting for her to build.

I don't think the planning department appreciated my diagram at all, which made me a bit sad. They referred to it dismissively as a 'sort of sketch'.

I am glad it has received the praise it deserves as I am rather proud of scribbling all over her stupid plans.

No advice but wow that looks so shit for you OP!
We are currently in the process of moving as we have no privacy or peace..
Would you consider moving?

Yep definitely considering a move.

It's a shame this planning application is hanging over the property as I imagine it will decrease the value of our place quite a lot if its approved which reduces our options.

Did you mention noise pollution?

I did yes Super and attempted to illustrate this with the man holding the guitar.

I don't think the planning department appreciated my diagram at all, which made me a bit sad. They referred to it dismissively as a 'sort of sketch'.

This is what happens - unless you are in their gang and use their special jargon they just dismiss you - the whole thing is a total joke.

daimbar

No that's standard consultation. If you have an interest in the land they need to serve you first (the applicant not the council).

Get a local consultant to do you a 3rd party objection letter.

I would question if the flat roof is structurally sound to take a building of such a size. It's unlikely it was ever made to be built on. I wonder if she actually owns the roof or is it owned by the flat below or the freeholder? Also you say you are in a conservation area that would be a red flag too as I would think there would be strict rules on what you can build. You are no more entitled to enjoy the roof terraces than she is but you are entitled not to be overlooked.

What about fire escape from the roof? I've no idea on legislation regarding this but surely that needs to be taken into consideration

you need to object about the smokers using the fire escape.....

There will be a document for your borough called something like 'Design Guidelines' which sets out the sort of buildings and materials the council wants to promote. Then you can use their language to point out to the planners where the neighbour's plans fail to meet the guidelines.

A big group of us did this last year. Virtually every aspect of a proposed block of flats broke one or other of the council's guidelines. We drew attention to each one and pointed out which rule it broke.

One point was that the proposed windows and balconies were right up against the neighbours' garden fences, and looked into their gardens and rooms. It turns out that windows and balconies that overlook other properties are supposed to be set back by a certain distance in our borough. Check if this applies in your borough.

It was turned down. The bad news is that the developer went away and read the design guidelines, and came back with a slightly less awful design that got passed.

Good luck.

And the Air BnB line is a good one to follow up too.

Good luck daimbar - it sounds like you've got plenty of ammo.

All this freeholder stuff is so confusing - Scotland is much more straight forward!

Try to find out who her mortgage is with (if she has one) as she'll almost certainly be contravening the rules and clauses in her contract there (there are very few mortgages that allow Air BnB and similar short term lets). If she's contravening these rules they could ask for the whole mortgage to be paid immediately.

Lol

I have been looking through the planning portal and came across an earlier version of her application. WTAF! She was planning to build an entire story above us and completely box us in?!
This plan was withdrawn so I assume the planners told her it wasn't going to get approved.
It just proves complete lack of empathy for her neighbours who would even consider that?!

In the diagram you mention a conservation area, are the buildings in the conservation area? this might be your saviour. I would also mention fire safety if the fire escape is being blocked by anything, including people.