Planning application

[MrsChristmas123]

I've made an application to build a large kitchen extension with a bedroom above and bathroom to the side of my house which is set a metre from my neighbour's house. It will be just under roof height and faces my neighbours back door and bedroom window. The side of the extension is windowless so no overlooking.

My kitchen is very long and narrow and there is no room for a table and chairs. The bedroom is self contained with a bathroom which I hope to use for my mum (aged 94) when or if she can't live on her own anymore. At the moment Mum is doing very well but best we be prepared and I'd always promised that I'd do my best to look after her. I'm not sure what to do about stairs as she lives in a bungalow and has difficulty walking.
The Architect has pitched the drawings so that it has the maximum chance to be agreed. I showed the the plans to my neighbours and the reaction was that they would object. They asked what my long term plans were (I live alone) because they intend to live in their house long term. They will object on grounds of loss of amenity, views and light and it was left at that.
Later my neighbours called to see me wanting to negotiate.Naturally, they were concerned how my proposals would affect them. They said that they would agree to the extension provided I would not object to them making an application to convert a workshop/barn on their land to a two bedroomed house for their daughters. If I did object to this application then they would complain to the Council about a small business that I run from my home. I'm a teacher and have about four people come every week for lessons.
This is not the first time that neighbours have tried to convert this barn to a property but the problem is building regulations which hinge on me making alterations to my land.
There's a lot more history to this, as always.
I love my work and I'm very worried that my neighbours could prevent me running my business if I don't agree to their planning application and I feel a bit blackmailed. Should I just agree to the planning application in return for them agreeing to mine?

I can so see their point of view because - quite rightly - they know that I will not living in this house once my mother is not with me anymore.
The extension is not large and we are both detached but I guess my neighbours don't like change.

Tell them to stop bribing you

I don't think you run a business, you do friends favours in teaching ...

Apply for a certificate of lawful use for your business. It essentially makes you small business is lawful and doesn't need planning permission. You might need to agree a limit to the number of customers you have a week.

That way they have nothing to blackmail you with.

A 2 storey extension 1m from their house is quite intrusive. Tbo I would probably object too. Can the extension go anywhere else?

I wouldn't submit to blackmail though. Sort out your business paperwork to stop them.

Thank you for your great advice.

Will do as you suggest.

The extension will be a metre from neighbours boundary not house so a gap of about 3 metres from extension to their front door with a 5 foot fence between. But thank you,

From your description it does sound rather overbearing but it will take more than one objection for your plans to be denied.

Do not engage with them further. Before long they will start mentioning ££££ imo.
Leave it to the planning people..
And do apply for the certificate mentioned by a pp...

You're putting a brick wall 1m away from their bedroom window and you think you're being reasonable?

Oof namechange fail, there OP?

Leave it as it is and then either amend the drawings during the application if the case officer is unhappy or withdraw and resubmit (no additional fee if you do this) to reflect their comment. Just because your neighbour objects doesn't mean it has a basis in planning terms to refuse the application, just see what's said.

If your plans are agreed by the planning dept, go ahead. If the neighbours' objections are valid you won't get permission, if they aren't valid they will be ignored. Don't agree to any changes to your land to facilitate the neighbours' extension. The two matters are unrelated.

What Saddler and Nomorechickens said above. The neighbours can object all they like, but if the grounds for objection are not valid, then the planning authority will just ignore them. If they wish to apply for planning on their own land then the application will go through the planning process and judged on its own merits. You have no reason to engage with them at all.

Agree, you've been polite and discussed it with them. Believe they will receive correspondence once your application goes in also. Do not worry. Do not discuss or bargain with them. Do what is right for you. It's your property and the authority will allow what is acceptable not what your neighbours demand.

Thank you so much for the advice.

Really helped me.

Hello plannergirl and everyone,

Thank you so much for your help.

Thank you for your advice re the Lawful Development Certificate I shall get on to this straightaway. I couldn’t sleep last night worrying about my teaching business and not able to work from home. I didn’t know I needed this certificate and now I feel very embarrassed.

I’ve had a look and it looks quite a big thing to do probably
I’m a bit out of my depth. I’m going to contact Planning tomorrow morning for some advice so I’m legal.

Presumably I’m applying for a change of use?

Do I need an Architect to prepare plans do you think? Should I tell my neighbour that I’m applying for. LDC before he contacts the council?

After my neighbours comments I am a bit concerned what he will do next!

Thank you.

I'm not super experienced in this but I would advise an architect drafts and submits the drawings. Have you not had professional input so far? Do not worry about your business but do mitigate by applying for that licence as PP said just in case.

You don't need to tell your neighbour anything, but even that you're submitting an application (although FWIW, I think you did the right thing in telling them)

Don't feel embarrassed about not knowing about a LDC; planning is a minefield and so your local authority will be very used to answering questions.

You might also find the Planning Portal helpful as it's full of useful info.

Ignore your neighbours, if they object that's fine, it doesn't mean that your application will be declined.

We are in exactly the same situation however we are the neighbours. We objected and the application was refused -it has since been resubmitted and despite further objection from us and only a slight change this has now been approved.

For me it is not just the overbearing extension it is also the number of contractors and vehicles that will be around during the construction. Unfortunately our neighbour did not notify us of her plans before we received a letter from the planning department- page one error on her part.

We are hoping that she needs access from our side for scaffolding etc...assume she will know the answer already!

They can object, chances are planning will approve anyway. Trust your architect. Do not agree to their extortion if it is not something you would agree to.

Tutoring from home is fine, it does not breach any planning regs. Lots of hot air from them.

@monkeyblonde

And agreement makes it easier, but if it is access due to party wall, this can be forced via mediation or in court. Then it becomes a party wall award.

Construction traffic is never a grounds for planning refusal.

Loss of privacy and loss of light are (but not the easiest to prove!) But loss of view is not. At least not in England and Wales.

You may not need change of use, speak to planning who will either tell you or you may need to pay for pre-application advice which would still be cheaper than a full application. Have a look on their website before you call.

Working in this profession I too suggest you seek pre app advice from your Local Planning Authority but before you do I suggest your first step should be that you consult a good planning consultant for their view on what you wish to achieve re your extension ,their view on your 'business' and on what your neighbours are up to re their land wanting to replace their shed with a house..All these things require careful consideration from somone who knows planning law/policy/local context, the planning background to both properties/land and the designation on the two sites..for example urban or countryside whether inside a settlement boundary or within special protection areas and so forth..even if you negotiate with your neighbours and get their blessing on your application and yours on theirs this is no guarantee either one or both would be supported when assessed against the planning policies applicable.

I'm a planning consultant. What you've described does not appear to constitute a material change of use under s52 of the Town and Country Planning Act. You can run a business without it changing the use of the land (all depends on character of land staying the same and impact). I wouldn't apply for a Certificate as Plannergirl suggests, as they are only for development which is 'permitted development' (which is different from things which don't need planning permission at all). If you were to apply for a certificate, you would not be agreeing to limit numbers of customers etc, as that is a 'condition' which can only be applied to permissions, not certificates. This is an area I've specialised in for a long time, as an enforcement manager. I've now got my own consultancy, we offer free initial advice over the phone, so feel free to get in touch. LangfordTejrarPlanning.com

Thank you for all your help.

Please can I ask another question around planning?

Some years ago a previous neighbour built a huge barn to house his caravan and it’s shown on council website as that. It’s opposite the main neighbours house next to me. It was originally two plots of land but now is one huge plot.

Around 1999 this neighbour (not my current one) started doing major works around the barn and I think he was hoping to convert it to a bungalow? Not sure as there was no planning application however there was building regs involved and some issue with fire engine access down a small drive that I own. Anyway he gave up on the idea when I refused to widen the access to the drive for no benefit to me. It left a bit of a bad taste and I was relieved when he left. He was furious that he couldn’t convert the barn to a bungalow.

The barn stayed empty until my current neighbour converted it to a workshop - I suspect it’s a business making furniture, not sure....prior to that this neighbour asked me about the possibility of moving his daughters in the barn/caravan housing/workshop. They have a four bedroomed house so I was a bit suspicious about his motives.I voiced concerns over increased traffic on my drive if it became a dwelling so the matter was dropped and it’s been a workshop ever since. The barn is huge and has the potential to be converted to a house, with a fair bit of land around.

As far as I’m aware there is no planning application to convert and no building regs because of my refusal to widen access or agree to a turning circle on my land for fire services to get out onto the main road.

My neighbour is now talking about moving his daughters into the barn and creating a flat/annexe/temporary dwelling. He tells me that, as his daughters live with him there will be no change as they are just moving from the main house to a dwelling in the garden. This has been triggered by my planning application...I suspect..hence the question about my future plans,

I understand he wants to help his kids I’d want to do the same . He has mentioned making a planning application and he’s hoping I won’t object this time. The fact is that a caravan housing/barn has changed to a workshop and now a potential annexe/flat is on the cards.and there is no building regulations as far as I’m aware.

Can a barn/workshop be used to live in if there is no building regulations? I expect the planning app would cover this but there is nothing to stop my neighbour moving his daughters from their house to the barn in the meantime I suppose. Which is a bit worrying.

The reason I’m a bit concerned is my planning application and the affect it’s going to have my neighbours. As well as a potential planning application for the barn and the problem of building regs around access for fire services. I was pretty scarred first time from first neighbour and don’t fancy going through it again.

I own the driveway to our two houses and my neighbour has a right if way past my house.

It’s probably nothing to worry about but any advice would be much appreciated.