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.

I agree.
We used to get a free local papers with planning etc in, have moved 3 times to different areas and none of them do free papers anymore.
I would advice people to register for alerts on local applications. ( assume all LAs do this)
You can even register for alerts on land registry if there’s a particular building you’re worried about. You’ll be notified if it sells.

That’s crap. Our old neighbour built a fug ugly two storey extension which blocked out a lot of light to our patio. We moved.

I read their decision notice. This is the only thing they say in respect to my flat/property

"Due to the existing boundary treatment here, the proposed extension is not considered to have any harmful impact on the amenity of the neighbour in terms of loss of light outlook or privacy."

I can't see how they have come to that conclusion. There seems to have been no report submitted assessing impact on daylight/sunlight of habitable rooms nor impacts on privacy.

I don't think I challenge the process as I am outside the time limit for a JR. I don't believe the process was followed correctly though. I have written to my MP but I am not holding out much hope.

@Bloomingpink2023 in Scotland we would have to include a bit more than that to pass muster.

If you don't think they have followed procedure you could make a formal complaint, not about the planning decision, but about them not following either planning regulations or their own council procedures. Then if you are not happy with their response you can go to the local government ombudsman.

None of this will change the planning decision though.

Have you spoken to your landlord? Is there any way they can refuse permission to build onto their property?

Is there any planning officer's report? Also write the local councillor for your area. Are they up for election in May?

In my experience, they send the notice to the person requesting the permission and rely on them to put it up. If this is the case here, he probably didn’t.

‘Due to the existing boundary treatment’
suggests you already have a fence/ wall on the boundary that is high. Or at least comparable to the new extension.
Is there a 2m / 6ft fence on the boundary.

The extension will be higher than this but it’s all about unreasonable loss.

Not true- I had to post photos of ours in place

Our council also writes to us (seemingly selectively) regarding local planning applications. No idea why we get the ones we do but not others but hey....

The planning permission would show up on the buyer’s local search anyway. There’s no hiding it.

My current fence is 170cm high - however it is trellis so you can see through it and plenty of light gets through.

I think the height of the proposed extension is well above this.

The boundary wall which they will build up to is 160cm away from my kitchen window.

This is the process in our area. Neighbour didn't display a site notice. We included it as part of an objection and just kept getting a robotic 'it's the responsibility of the planning authority'.

So why have we always had to prove that we posted site notices by sending a time stamped image?

Thanks OP
So very basic way of looking at this.
Remember you’re other window will / may trump all this.
But
If you have a window 1.6m away from the proposed boundary and that window is 1.2m from ground to sill the centre of the window is say 1.5m from the ground
Using a very basic 25 degree rule.

Here’s some info attached and a drawing, ( it’s a quiet night 🤣🤣)
But remember you have another window and they have already got approval.

Actually I put the centre line of the window at 1.2m high. As that’s a bit more normal.
as a result Anything above 1.95m approx will cut out light.

Why not try asking neighbour to lower the building at the boundary to 1.9m. Then slope up from there.
If it’s a flat roof or gable end that wouldn’t work obviously.
He wants to get on with the party wall awards. So. Maybe, big maybe, he’d oblige.

Sorry but for those suggesting you sell up before works start makes the OP just as bad as her neighbour - this behaviour is what is so wrong with the world

Quite the over reaction. A lot of people aren't fussed about light and noise. Especially investors who let the property out for 6 months a time for those travelling for work or education.

In 2006 I purchased a 1 bed flat near a skycraper being built. Didn't bother me at all as I was young and busy...it definitely ruined my privacy and light. And the noise was ridiculous. I didn't mind.

2023 - I want a garden and peace.

Priorities are different for different people. It's what makes the world such an interesting place. 😉

Thank you for this! And your drawing! It’s really helpful. Yes I will try this.

I’ve spent all of today contacting different surveyors and lawyers so I’m hoping some of them may come back to me on Monday.

if I can add to your drawing, my bedroom window is perpendicular to the kitchen wall you’ve drawn. It’s a very small bedroom with one small window. My bedroom window is also perpendicular to the proposed extension. Im worried that this will also reduce light coming into it. Would I be accurate in that?

How reliable are these? I've set up an alert and it is saying there have been no planning applications within the last 31 days but I can see on my local council website that a neighbour over the road from me submitted an application in early April?

It depends on the depth of neighbours extension.
In that case the 45degree rule would come into play.
Have attached advice that’s usually given to clients to stop this crazy invasion of peoples lives. ie disputes.
If it’s a problem it’s much harder to sort out as it basically means reducing the overall footprint of the extension. Not something a neighbour will want to do, esp as they have permission.

We are currently having an extension built (we told all our neighbours way beforehand anyway) but our adjoined neighbour told me she didn't ever see it on the council website. So who knows? It did get posted on the post at the end of the drive though ...

It has to be on the council website so that people can make comments.
Its the only way for people to actually see what it is, in terms of drawings, that’s being built.
The planning notice on the gate is just a basic description.
I would check and make sure it’s on the site. If planners fall foul of the system the process would have to start all over again which would cause you delays.

Its the only way for people to actually see what it is, in terms of drawings, that’s being built. or you can contact the council to request to view the hard copies.

Go and explain the situation to your local Ward Cllr & ask for advice?

Isnt this a concern of the freeholder , the property owner? That OP was asked for freeholders name suggests the legal adviser did not search Land Registry to find out who holds Title to the Land. Nor whether freehold Titleholder has mortgage charges and other restrictions and other burdens on the land.
The Freeholder has the right to dispute not the Leaseholder who only owns what is set out in their Leasehold title.
The FH may need to consult LH under Landlord & Tenant Act and LH may need to inform their own mortgage provider

Apologies @Bloomingpink2023 I’ve not rtft- ask the LPA for photographic evidence of the planning application site notice. There was a case in the Peak District where a site notice was placed where a near neighbour was deemed by the Planning Inspector to not be reasonably be expected to see it, permission was given and they claimed overlooking and diminished light… they won a substantial payout equivalent to what their property was worth before and after the extension works.

Hmm. He mentioned a Party Wall. It's amazing what you do with a Party Wall. He has to have your written agreement for anything affecting the Party Wall which is why he has probably mentioned it to you. I suspect a good Surveyor would help you find something detrimental to your party wall in the planning...