SO upset - planning permission granted

[Bloomingpink2023]

Hello. Ive posted here as well as in legal for advice. I hope that’s ok. I am so so upset about this and feel so angry about this as the whole process just feels so underhand.

Yesterday, I was approached In a cafe on the street I live by a man asking if I lived at my address and what floor I lived on. He didn’t introduce himself or explain why he wanted to know. He then said he knew I lived there as he had seen me on my terrace!!! I declined to answer until he explained that he was the owner (freeholder) of the entire building next door.

he wanted my contact details and my freeholder’s. Said he was planning an extension and loft conversion and needed to discuss a party wall with us.

I said you won’t get permission as you’ll block my light and he told me he had already been granted permission. I thought he must be lying as I was never notified or consulted about this and I’ve never seen anything.

I went home and he was awarded it! I called up the council (London council) and it turns out they no longer have to inform neighbours directly. They said they placed a press notice in a local newspaper (which is not my local newspaper in any case for my area) which I should apparently be reading?? They also said they put a site notice up. When I asked where that was, the officer couldn’t say. I never saw any site notice although I walk up and down my street multiple times a day.

I asked if I could appeal it and the officer said there was nothing I could do now as it was granted. I could only oppose it on a point of law on procedure if I believed the process hadn’t been followed correctly and I would have to appeal it in the High Court in the Royal Courts of Justice. I’m not sure I can even do that, as the permission was granted 8 weeks ago.

I’m deeply deeply upset about this. The proposed extension will block off most of the light into my kitchen and bedroom. It will also mean I am overlooked on my terrace and in my kitchen. And it will also kill off a number of climbing plants that are growing up the trellis which is on my boundary line where they are proposing a massive wall.

I’m just so upset and wondering if there is anything I can do. I just hate how underhand and sneaky the whole thing has been. The council officer did say it was suspicious for this neighbour to approach me to agree works after it the permission was granted and it wasn’t the normal way he would’ve done it but then said it’s a flawed system and he’s had similar complaints.

I feel like this neighbour has been allowed to hide behind the new process of this council not to inform me directly, and has deliberately done this knowing I can not challenge it.

I know my neighbour clearly wants to start work soon which is why he wants to issue this party wall notice.

please please could someone let me know if I have any way of challenging this or what I could do.

I cannot believe the council never wrote to me once given how I will be impacted but apparently that’s their process now and it would seem there’s nothing I can do about this.

There’s already a link upthread to the Local Government snd Social Care Ombudsman’s guidance on complaints on planning matters. The Planning Practice Guidance sets out the requirements for publicising planning applications, according to the type of application (see table 1). If these requirements weren’t complied with, that will add weight to any complaint but, as others have said, it’s very hard to overturn planning permission once granted.

It is what it is.

Plaaning is a joke in the UK, my former neighbour, very wealthy ex footie manager gets planning each and everytime, inc for a golf course!!! in the middle of no where, 9 of his 10 neighbours objected, it didn't matter.

Meanwhile a neighbour of his had to take down and lower a wood burner chimney because it was too high, it also has to be painted matt black.. apparently so it didn't look like a fucking chimney... i kid you not.

To the OP, whether they informed you or not is irrelevant, he would have got planning regardless, your objections wouldn't have mattered a jot.

I'm afraid its always down to who you know.

The Council's have a duty to publicise applications. Many these days do not write to neighbours. They post site notices instead. There will be evidence on the application web pages to show that this was done.

Whether or not objections are received, the application will still be determined with regard to the standard range of 'material considerations''. This will have included the impact of the development on the amenities of neighbouring properties - visual impact, overlooking, impact on sunlight/daylight, physical impact etc Applications where it is considered that there will be material harm to such amenities which outweighs any benefits of the proposal will be refused.

The old system was a joke anyway. Our neighbour turfed out a tenant during pandemic then embarked on tearing down the house and building a monstrosity on the roof. He didn’t even have permission, it would have been rejected but he got approval of some sort retrospectively. I know people are entitled to alter their houses but I don’t think unless you’ve lived through neighbours doing this you realise how much stress it can cause others.

I have attached info re contacting the ombudsmen.
The council are wrong. They must notify adjoining neighbours. If they posted the application it must be near the site and they must tell you where they put it. Not answering is not acceptable.
If an application blocks light to your habitable rooms and those rooms have no other light to them then there should be a rights of light drawing on the application to prove the extent, if any of loss.
On this basis the application would not have been approved.
Phone the council again and ask to speak to the planning officer who dealt with the application. Ask for a list of all those neighbours who were informed, and when.
If this isn’t forthcoming tell them you will be taking the matter up with the Ombudmen as they have not followed correct procedure which makes the application null and void.
To be honest, I’ve only had one case where a council failed to notify a neighbour, but that was because they got the address wrong plus it was during the application process. The council issued the notification, posted it near the site ( as they hadn’t done this either ) and started the whole process again. In your case it’s already been approved.

I suspect the drawing do not show your neighbouring property, the officer did not visit the site and so the loss of light was not highlighted.

The problem with this is that most people viewing would (or rather should) check whether there are any planning applications in nearby. They could easily go online and find out

I really feel for you. I had the same- my fence replaced by a wall but it was via permitted development so nothing I could do. My neighbour didn't do a party wall agreement either and there was nothing we could do to force him without spending tens of thousands.

My advice is to fully engage in party wall discussions and make sure you are compensated for the loss of your plants and fence.

It is highly likely that had you objected it would still have gone ahead sadly. Loss of light is not an adequate reason apparently.

The thing is they will always have been granted permission so it’s pointless getting all worked up or complaining.
Ive never see a London terrace refuses all planning permission.
‘im growing plants on my boundary wall’ or your kitchen getting less light isn’t a legal reason to oppose planning anyway.

Loss of light to a habitable room can stop a planning application.
We have a right to light,
If it’s the only window to that room.
They would have to change aspects of the design, slope roofs etc and provide rights of light drawings to show impact.

OP, not wanting to out you and you can always remove the address but any chance you could post the drawings.
Or planning reference if you don’t mind MN knowing the location.

If the impact is severe and if you were not notified and planners can’t tell you nothing was posted it might be worth us seeing how bad your situation will be before you move on with this.
Will need something re where your windows are too.

Planning permission typically rests on precedence for similar constructions on your road. If for instance there are rear extensions and loft extensions lining your and surrounding roads, there would not be a legitimate reason for the council to withhold planning to your neighbour. Your freeholder could make a fuss and insist a large amount of money is held as a condition of the party wall/structural works that may have a detrimental effect on your property. Overall I’d let it go, since ultimately it would mean you/your future buyer could put a rear extension on too.

It’s incredibly unlikely that an extension on a terrace would genuinely block so much light that it would be refused planning.
The fact that OP didn’t want to engage with the man and immediately jumped to ‘you won’t get any planning permission anyway because my light!’ shows shes totally naive to believe the whole thing.

No one can insist that money is put aside in case some structural damage occurs during works.

They party wall surveyor or you should ask to see the developers/ owners insurance certificate ensuring that building works are covered.

@Twocoffeesisbetterthanone Can you explain about the bat reference please? My new neighbour has applied for planning permission to knock down the house and build something hideous, using materials not at all in keeping with the rest of the road. Unfortunately there is precedent for permission being granted for an out-of-keeping house on another road in our village, so I don’t think I would be successful if I objected on that basis.
But there are bats flying around in the garden every summer…. Just pipistrelles, I think.

For your home insurance to assist you will need a 50% or more chance to succeed. As that is unlikely, I doubt they will help.

Im being so negative as our neighbour tried everything possible to stop our (well within the rules) extension. She gave it her all. As she had previously taken a large planning case to the high court and won, I’m sure she gave ours a pretty good go. She got nowhere.

So much mis information as usual.

Councils do not have to write to neighbours for most applications for extensions unless they say that is what their procedure is. They can put up a site notice instead.
Whilst loss of light can be a material considerations, a Right to Light comes under different legislation which is not taken into account under the planning process. The granting of PP does not override the RtL legislation which would need to be pursued separately.
Ombudsman cannot revoke PP.

All bats are protected.
If you believe they could be in the house/ roof space and they are flying around the garden you should contact the council.
They will visit the site.
A bat survey carried out in the night/ early hours of morning just before dawn will be carried out. At the owners expence
They will asses where the bats are coming from, how many there are etc.
They will also look inside the building for evidence of nesting etc.
Bats will not stop the application.
If they are there the owner will be required to provide nesting
boxes and such. Bat conservation officers will visit at the owners expence ( its all at the owners expense) to takeaway bats temporarily during works. This all for a part of the application process and approval
You should not notify the owner of your concerns.
They may kill the bats to avoid the expense.
Anyone who carries out works whilst nosing bats are present can be fine or/ and jailed. No one’s been jailed so far but there’s been some very hefty fines over just one bat.

@Bloomingpink2023

Is it Lambeth? If it is, I feel for you. They will do the square root of jack shit to help you. Development laws have changed massively meaning that councils just sign off the most appalling work - the house next to us has had dangerous, illegal works done that encroach over our boundary, have caused damage to our house, affected our light etc etc. all been signed off. We got solicitors involved who have told us it will cost upwards of £30K to fight. We don't have that much money, so we're moving. And the building work has affected the sale price of our house by over £50K.

Just move, it'll be cheaper and easier. And don't move to a council that allows unfettered development

@ThrowingMuse report the presence of bats to the planning officer.
It is unlikely to prevent development from occurring, but should ensure that appropriate surveys etc are undertaken to establish what sort of bat activity is happening. This will allow the council to ensure that appropriate measures are included, if PP is granted, to protect the bats.
Measures can include provision of appropriate alternative roosts, lighting, protection if foraging areas etc.

Realistically I doubt your objection to blocking light would be upheld anyway

as for privacy they can put restriction of frosted glass in there windows

So what though? The Ombudsman can’t remove approved plans. If there is a breach they MAY award the OP compensation, but more likely conclude planning would have been granted anyway and rap them on the knuckles.

@Bloomingpink2023 you can look it up but ‘you’ll block my light’ isn’t the killer planning objection people think it is?

overlooking especially into windows of a neighbouring property, possibly their garden is. But light blocking not unless it’s v extensive.

are there other similar extensions / conversions nearby? If there are and it doesn’t overlook you it likely would have been approved whether you’d objected or not.

planning officers are supposed to take into consideration the relevant issues whether neighbours object or not. Neighbours responding to the consultation can make sure they check something, but the grounds for refusing on the basis of blocked light are very high so it mAybe wouldn’t have made a difference.

This is wrong.
Im an architect as is my husband with over 70 years experience between us.
Applications have been refused on the basis of light. Depending on the severity and whether it’s the only source of light to a habitable room.
This does not include your right to a view, no one has this.

Most applicants will revise the design to reduce loss in order to get the application through.

Councils have a duty to post planning applications to immediate neighbours. They do not necessarily have to put a notice on a lamppost etc nearby if they also put the notice in the local papers. But this in itself is under review.

I think that you need advice on this. I don't believe that you have a "right" or an "entitlement" to light in law.