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?

That is the best diagram/sketch/representation I have seen on Mumsnet. You are awesome. Definitely look into whether her building allows subletting and maybe mention to the council as well.

Viques our street isn't in the conservation area but at the moment our terrace looks out onto it. If her plans go ahead we won't be able to see it any longer.

Thanks Jus I have emailed the council and will call this afternoon if I don't get a reply.

Another thing I should mention is our terrace is south / west facing and so her potential plans would cast a shadow over our space all afternoon and evening.

I don't understand why you don't kick up a fuss about smokers on the fire escape. That's the first thing that would annoy me.

Have a look on the council website to see who was consulted and write to them with your concerns - asap before the consultation window closes. If they object then it will go to Committee.
Right to light is pertinent here, also noise pollution and I'd definitely mention the airbnb aspect.
When it goes to Committee if there are a lot of objections (and she doesn't have a planning consultant on board making her case for her) it will more than likely be refused

Oh I've just seen about the one which was withdrawn. Often in these circumstances, the planner will have suggested they withdraw it and said "a roof terrace type application would be looked more favourably upon". Depending on the individual planner. Some just say "it's going to be refused, do you want to withdraw"
I would definitely speak to a planning consultant, asap. Have a look at applications in your area which were refused then granted approval on appeal, look at who wrote their appeal papers and contact them. That's what I'd do.

You need to talk t sth freeholder and look and the lease.

She may well not own the space that she wants to extend into. Lots of well documented cases of fits wanting to extend into the loft or cellar assuming that they own it and then discovering that they do not.

If it is a roof then it may well be a communal part of the building.

Also check about commercial use of the building. Download land registry for £3 and see who the mortgage is with as well (if there is one).

I live in a flat, we are having new high rises built on a large piece of land next door. "Right to light" is definitely an issue, the developer is making compensation payments to some people here. (Not me, as for historic legal reasons my right to light had already been lost to a previous occupant of the land.)

I'm a bit bemused that they have to pay compensation at all, as they are directly north of us, so will never cast a shadow on our development.

Surely the fire escape being used as a smoking area by multiple air bnbers is a fire hazard? It's an obstruction to an escape route. Object to the freeholders on the air bomb front in general citing all the above mentioned things, noise pollution, fire escape hazard, etc. Then object to the council about the air bnb business as it's a chance of purpose for the premises from residential to short lets, then hire a planning consultant.

She's sound horrific and if I were you I'd be raging especially since you've already given her so much grace on the air bnb aspect up to date.

If you can find a Local planning consultant they could be very valuable. I know several counsellors/ex counsellors who work as planning consultants and they have such a wealth of local knowledge at their fingertips.

It's really really unlikely that she owns the roof. Leases grant the right to occupy a space for Xno of years, you don't actually own the structure of the building (although you do sign up for a repair responsibility). She would have to get the right to extend onto it granted by the FH.

Do you think she's applying for planning permission so she can sell her flat with planning permission for the extension (and thus hike the price) without actually building it (and running into all the problems mentioned above re leases). A builder/developer friend of mine said a few years ago that it's a good way of testing the water/making money without all the building grief since it's cheap to get plans drawn up by an architect and - if you do get planning permission - it's guaranteed to add value to your flat...

She might be the freeholder or own a share of freehold.

Neighbour owns the whole building next door (yes she's minted) so I'm pretty sure she's the freeholder but I will check.

Do you know who the freeholder is? Can you contact them?

X-post.

she may own the building but she may not own the freehold.