help wording objection to neighbours planning proposal

[annoyednow]

Is anyone experienced in planning or gone through the process of an objection? My attached neighbour is proposing an extension astride our common boundary of a semi-detached house with garden in the greater London area. Not inner city.

Their house is 3 metres longer at the back. So although it was built originally like this it effect is equivalent to a two storey extension of 3 metres over ours. This in entirely a party wall (even the bit that sticks after our house).

The proposed extension is a single storey tapering tiled roof with two slylight windows starting at a height of 3.8metres and sloping to 2.3 metres. It is 4 metres long. The entire back of the extension opens to the air by folding glass doors.

The surveyor said they have a right to build up to the boundary and could gain access to our garden to do this. This would involve disturbing a thickly planted area of very old woody wisteria. About half or metre in from the area they would be working on is an garden pond with newts for sure but also other froggie things. It is an established amphibian habitat. He said they would put a wooden hoarding up.

The thing is I don't want somebody working on my garden and taking things up. Also, this is not just a once off. Once a building is up that can only be maintained from my side, it would create a situation where they would have a de-facto easement and right to enter my property and keep destroying this area in perpetuity. I do not this burden created on my property.

It would also block the morning sunlight from the back of the house.

I am making points of objection. Can anyone tell me if they are valid or point out anything useful?

Height, nearness and length overpowering. It would altogether create a roughly 7 metres house wall down the attached side of a semi-detached property. I have not seen anything similar on local properties and don't know if there are any guidlines on too much length overall.

The property not being completely built or maintained from their side is potentially creating a nuisance and threat to our established garden and peaceful enjoyment of our property. It would restrict us on that side. Also would close foundation and footings affect our pond. There were no cross sections of foundation in drawings.

Would the completely opening doors cause a noise problem. It's like removing the back of the property. It is a conservation area and we have jutting out french doors. Would the upward noise of slylights cause proplem in bedrooms.

I know people can build up to the boundary wall. But this is not knightsbridge. It is semi-d land in suburbs. Also each case is different and are there any merit in planning to mine.

I also have palm trees and an apple tree near the proposed extension.

The drew incorrect boundary lines in drawings despite correctly outlined site location map. Does this invalidate the application. I hope so as I was so worried about the boundary I am only now looking at the actual development. Also, inconsistencies on application form. Less than one week for submission based on this application.

Can I truly asses this drawing based on incorrect boundaries?

Please help and sorry for annoying long post.

OP if you don't want to let people on here know the address (and I can understand that!) then I'd suggest the best thing you can do is contact Planning Aid

www.rtpi.org.uk/planning-aid/what-we-do/

If you ring the advice helpline you will get 15 minutes of free advice. That will go quickly so make sure you explain the situation as accurately as you can. If further assistance is needed they will go through eligibility with you.

Had a friend in a similar situation. After discussion, the neighbour brought the extension wall back about a foot into their own garden to allow for foundations and the overhang of the roof and gutters etc. All of the extension was then within the neighbours property.
Even though he had a spare foot of his own garden, the neighbour built the wall from the inside of the boundary until the very end of the build when he asked for access to render it. The roof was put on from his side as were the soffits and gutters etc.

The future maintenance access issue should not be the worry you imagine. After all, what maintenance does a bare rendered wall need? Ever?
It may improve your security and privacy too.
And, your neigbour will never, ever see it from your side - so you can paint it and make a mediterranean style courtyard if you like - they will never be able to see it.

The right of access to your land for maintenance is something many joined houses (all flats) have over each other.
It doesn't mean half a dozen lads can just turn up whenever they like and march into your garden or climb over the wall.
They Must seek your permission - if you refuse it and you could - then they would have to go to court to seek a legal remedy. They might not fancy doing this - it's expensive and they may not win.
If I came home to find my neighbour in my garden and he said, 'I'm just checking my wall' - I'd call the police.
It's a legal condition - it can't just be imposed will nilly.

Perhaps you should just aim to get them to pull the wall back into their garden enough to make sure all the gutters etc are on their side.

Although.... surely most flat roof extensions would have a slope which drained the rain onto their own side anyway? They can't direct water onto your land.
Is it flat roofed? Is it sloped towards their property?

Thank you all so, so much for your comments. I would have gone stir crazy if I did not have anyone to give feedback on issues.

I rang the council again and the planner on this case is away on compassionate leave and they don't know if that will be extended next week or not. They don't know therefore who or indeed if anyone will need to take over the case.

That palm trees comment made me chuckle (not easy at moment). We didn't plant them. The reason I mentioned them is because there is a specific question about any trees on adjoining property within falling distance of proposed development. They answered no. My trees are quite tall and easily visible so no error. To tell the truth I'm annoyed about blatant lies on form and drawings. I'll sup with a long spoon from this extension if I can.

A modified version may be ok. However, this is the proposed extension applied for so need to put views to council.

I have seen in council development plan that extensions should be 'neighbourly' and the new extension should normally be set back from main building line to allow clear visual break from original and new. Is the building line the very back of the house or the whole perimeter of building?

Will I just stick to overbearing and affecting our amenity as joined to us and gives total line of 7m building along our garden? and the inaccuracies (being generous) in app. form. Will I stick bits in from plan and mention policy recommendation is ext. of 3.5 metres or does that look too pedantic. We are the only house it will effect like this.

Will I get opportunity to comment again?

Thank you all again so much. I shall ring that link to day Jins, thank you.

Annoyed - if you want to pm Jins or me with the name of the authority, either of us could look for the relevant design recommendations for you and advise you better.

I would put in your statement that you would not be as adverse to an extension if it was set back from your boundary and therefore didn't result in gutters etc overhanging your property or your trees and plants being severely cut back in order to facilitate the development.

I would be making the point that the house already extends 3m from the back of the house and the additional length would make this extension excessive in length, and overbearing when viewed from your property. As the extension is on the western side of the garden and is the height it is I would also comment on the height and likely additional shading resulting from the proposals.

I can't really help more without being able to see the Council's design guidance or potentially your neighbour's plans.

if the Planning Application says (e.g.) closed to public comment on 30th June, does that mean anything you haven't put in writing by then is too late?

Every planning authority I've ever worked for or with has allowed representations to be made right up to the date of determination.

Hi and thanks again. Objection put in and received by council. Planning officer in charge away this week also.

Something else has come to my attention. The house in question is in a conservation area, but not in a street with an article 4 direction, so single storey rear extensions can be built under permitted development. I know this would modify things (if owners could be trusted not to exceed limits), but there would be no evaluation of the potential 6 metres projection from the rear wall of my house in that case. This being the nearly 3m already and the allowed 3m under permitted development. Is this the case? Jeez, I wish we had bought another house now, or in the next street (article 4 dir).

Is it correct to say there are no issues taken into account under permitted development?

Is the fact that the house is not and never has been occupied by the applicant anyways relevant?

No the occupation or otherwise is completely irrelevant. Unless the property has been abandoned, and it doesn't sound like it has, then it doesn't matter whether the applicant lives there. Anyone can apply for planning permission on any land without owning or occupying it as long as appropriate notice is served on people who have an interest.

If there's no Article 4 Direction then permitted development restrictions applying to conservation areas would be relevant. Yes there would be no evaluation of the proposal because it's permitted development. There would be assessment of the proposal if it exceeded the criteria for permitted development but in that case the developer would be asked to submit a retrospective application.

If the current application is refused the applicant may well decide to maximise their permitted development rights and you wouldn't have any right of representation. They may also decide to appeal a refusal

Thank you Jins. The adjoining house does not have a level rear wall. The 'main' part is the same distance for most of the house. It then just extends down the adjoining boundary to allow for a side return from the street. This was all built at the same time, I think. Is the rear wall at the very furthest point from the front of the house or back wall of the house where it is stepped in from the road to allow for a side return.

To explain that. Their house is one main block up to a certain point. Then it extends/projects like an extension from the main block but not taking up the full width so there is also a 'back wall' a few metres behind the furthest point of the projected bit. Which is the rear wall from which they can extend 3m under pd. It is the way the house was originally built I think.

The party wall act would apply. So maybe surveyor would be keeping an eye on things.

annoyed, do you mean it is sort of an "L" shape?

Yes, but look at the L upside down. The projected bit is along our boundary, because it is a corner plot and there is side access from the pavement on the other side.

Our house is a block, no projections, and ends nearly 3m earlier than their projected bit.

Is this projected bit classed as the rear wall of the entire building or just the rear wall of the original 'side' annexe?

Are you sure that the bit that projects was original when the house was built (or by 1947) and not a later extension (eg our house has a similar type of bit at the back in relation to next door, but its definitely an extension, even though part of it was probably 30 years old) - if it is already an extension, even if it was built a long time ago (but after 1947) it will have used some of the permitted development rights up.

I would almost certainly think it was built that way. I think there was a certain area of plot left and the builders modified to fit that. The 'block' of the house does not correspond with ours at all. But the stylised stick-out french doors with red tiling are same style. It's a two storey projection. It is also on the os map, but not as an extension.

To make to existing area flow into the new extension, they will have to remove most of the bottom of the rear wall. This is a principal external wall isn't it? Can this be categorized as demolition? If so, would they need conservation area consent and not simply pd? Could that be right?

Also, what about this 45 degree angle visible from the centre of nearest window?

Technical guidance on PD rights

annoyednow - no it wouldn't be classed as demolition to remove the wall as part of an extension under pd rights.

Have a read of the guidance mistlethrush has linked to. I've been trying to sketch the plot from your description and I'm struggling to visualise the relationship between the properties. I think an extension built under permitted development rights would still impact you but there isn't anything you can do about it unfortunately.

But there is a 3m height restriction - which is better than the current proposals from your description.

The height restriction would improve things to some extent but that can lead to a poorer design solution. Swings and roundabouts really but I don't think OP wants any development at all :(

No, Jins. It is not true I object to any development. I do not want someone else's development to become my development. As they can build up to the boundary and force access onto my property to build and subsequently maintain the new extension, I (and my property) could potentially be directly affected on an on-going basis.

This is why I want to see if there it has to go through planning at least so our unusual set-up and dis-benefit to our side can be assessed. I imagine when the pd limits were introduced, it was imagined they started from level playing fields. We already have the nearly 3m on the flank exposed party wall of their rear projection.

Part of their work would take place with their workmen on our property, just outside our french doors to the garden during the summer. This is very much part of our living area. I don't even know if the hoarding/scaffolding would be covering part of our french doors. It would destroy our mature planting and pond.

Is it unreasonable to expect them to build their development within their own property making sure it's build or maintenance does not create a burden on ours?

Is it also unreasonable to not want a 7m exposed house wall (6m if pd) along the adjoining boundary? Anything over the pd guide of 3m must be regarded differently as that limit is there in the first place. Unfortunately not taking account of existing projections.

Also, I think they were taking the proverbial with 'untruths' on the drawings and application form. If they do that when they others will see it. What inaccurate plans will they submit to building control when nobody who is affected will see plans.

I am very genuinely very grateful for your help as this proposed dev. feels like a development on our own property (and it's news to me that we're building). Every case is different and this affects us badly. In their garden, no problem. When it's coming into ours, I'm involuntarily involved.

OP I meant any development in this location. I'm sure you wouldn't be worried if it was on the other side of the property