Opposing a planning application

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Hi, would really appreciate any advice on this. We moved from our last house after council allowed 2 blocks of flats to be built at the end of our garden, housing top of the list people - i.e. straight out of prison, effing and blinding, drug dealers etc.

Mortgaged ourselves to the hilt to buy a dormer bungalow in a nice area. Now next door neighbour wants to build a giant extension, totally obliterating any light on one side of our house.

What's the best way to oppose the planning application? Should we get a solicitor or private planning company? What sort of thing can we oppose? I'm told total obliteration of our light is not admissable.

Am feeling very upset as father terminally ill and taken a downturn this week. Don't feel I can cope.

Any advice much appreciated.

There are only certain grounds on which to object which should be listed on the council website and Planning Portal . Loss of privacy if it will directly overlook and not being in keeping with the area if there is no precedent may be a starting point. Not sure that getting a solicitor involved is necessary really and may create ill-feeling (some councils publish letters on their website). Have you voiced your concerns to your neighbour ?

You can object on various grounds including impact on your residential amenities - usually for three reasons; loss of light/overshadowing to your property/garden, loss of privacy/direct overlooking of your property/garden and creating an oppressive/overbearing environment next to your house/garden.

Your objection will have more weight if you can demonstrate that the proposal will affect habitable rooms (usually considered to be living room, dining room, bedrooms and possibly kitchen and conservatory) rather than non-habitable rooms (bathrooms, hall, landing) or parts of your garden (although this will depend on the size of your garden and which bits are affected). Also have a look at the position of the extension in relation to your property in times of north, south etc as this will affect how your property is affected, whether there is a difference in land levels between your house and the extension and whether the extension is two storey/single storey and anything else that could affect the impact the extension will have.

As LIZS says you could also raise concerns about the design/scale of the extension being out of keeping with the character of the existing dwelling and the surrounding area, although this will depend on the size/design of the existing dwelling, the position of the extension and whether it is likely to have an impact on the locality/streetscene and the scale/design of existing houses in the area.

You can write the letter of objection yourselves (as most people do) rather than using a solicitor/planning consultant although you could ask a planning consultant/agent for some advice about grounds of objection if you really want to. Your letter will be a public document (on a file and possibly online) so your neighbours who want to build the extension can see it, although this shouldn't put you off objecting. As LIZS says would be a good idea to discuss with your neighbours first if you feel that you can, although it would have been better if they'd spoken to you before submitting the application!

Hope this helps!

Hi Lizs. Thank you for replying. This is my worry. There are no windows on the side that faces our house - just a giant brick wall which is quite a lot bigger than the size of our house - about 6 feet away from our wall. Our front and back door is on this side of the house, and our patio - so no sunlight at all into our hall and landing or patio. And a sort of high brick corridor to reach our front door. I've read that personal lack of light is not a planning issue but I'm horrified. I found out by a planning officer turning up at my house asking to look in my garden - no letter, no sign on neighbour's house, neighbour hasn't even mentioned - thought we got on before this. I really can't believe it. She has always been slightly difficult - e.g. she widened her driveway then complains when we park outside our own house because she can't reverse out round the corner. We have always been really polite and helped her. Was thinking about solicitor because I feel very stressed at the moment with my father being ill and don't feel able to deal with it myself. I just feel she's already created the ill feeling by not discussing it with me.

Just reading your 2nd post - impact on your hall and landing probably won't be taken into account but you could object re impact on your patio in terms of overshadowing and creating oppressive/overbearing environment would be might be, although it will also depend on the size of the rest of your garden. Loss of light/overshadowing to habitable rooms/gardens is definitely a planning issue - some people talk about a 'right to light' which is a slightly different thing and not a planning issue.

If you share a boundary with the house that is proposed to be extended then the council should send you a consultation letter, I would be ringing them up to ask why they haven't written to you and asking them to consult you direct as this should give you more time to object.

Thanks so much maxmissie - this is really empowering advice. Have felt utterly helpless. Will definitely be contacting the council. Managed to find the proposal on the website. I thought maybe they would just say to move our patio to another part of the garden. I definitely think it's oppressive and overbearing - it's a row of dormer bungalows and this would be an extremely high brick wall very close (6 feet at front - but tapers to wider at back) to our house. I wouldn't mind if our front and back door weren't on that side of the house - just seems to create a horrible concrete tunnel (wall is 4 metres high by about 6 metres long + roof on top) by our front door, back door and patio. We basically won't see any sky any more from that side of the house. It's so upsetting.

Get in touch with your local councillor and explain your concerns. Ask them to put your view to the Council and planning committee. This can be quite influential. Good luck

Thank you. I hadn't thought of that. It seems such a trivial issue but so important to us. Really appreciate the advice.

Right, something I have plenty of experiencee of doing.

1.It is worth speaking to your neighbours and telling them your concerns, say that you are planning to object and ask if they will amend their application.

1. Speak to your local councillor and get them onside. An extension may be dealt with under delegated powers, but your councillor might write a letter of objection on your behalf.

1. Go into the planning office and speak to the planning officer. They will explain the process to you, what points are valid and what are not.

1. The boring bit - look on the council's website for their unitary development plan or local development framework (the planning officer will tell you what applies in your area). These are the rules of the game - the council's own policy. Any planning permission must be in accordance with their policy. Then make your points on that basis. Mention that it is oversized, overlooking, loss of light and privacy (habitable rooms only so not valid for loos, bathrooms, halls etc but valid for kitchen, living room, bathroom, etc). Environmentall standards might be an issue.

1. Ask your other neighbours how they feel about it too and whether they intend to write.

1. Just in case you were wondering, loss of value on your home is not a valid reason.

Sorry to hear about your Dad. Good luck

If there is a local residents association, get them involved. Their letters of objection carry more weight.

Good Luck!

Thank you all so much. Sorry for delay in replying have been away a few days. These are really great ideas which I will definitely use. If anyone else reads this in the future, someone suggested planning aid (easily found on google) to me - which is an organisation run by planners in their spare time to give advice on exactly this sort of thing. A really nice lady there has offered to help me put together a letter so am feeling a lot more positive.

Local authorities have different ways of dealing with some applications.

Send a letter of objection to the planning department. Ask your councillor to request that the application is submitted to the Council Planning Committee for voting on by councillors in Committee.

Some Councils allow objectors to speak directly to the Planning Committee.

Tell the Planners that you wish to appear in person and state your objections to the Committee.