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Next door are listed - can they object to the finish of our garage?

11 replies

Pinkje · 14/05/2014 10:42

Any planning experts around?

Both houses are in a conservation area. They are listed but we are not. We have proposed a render finish garage that will be close to the shared boundary. They have objected to the finish and suggest a stone one instead. Do you think the planning authorities will take any notice?

TIA.

OP posts:
RCheshire · 14/05/2014 10:50

The fact they are listed won't play a part. The fact you are in a conservation area may do. Suggest you give your conservation officer a call to discuss.

Pinkje · 14/05/2014 10:55

Ok thanks. Most houses in the area who have their garages to the rear (as we're proposing) are of a render finish. Do you think I should wait until the neighbour deadline has passed then query - just in case there are other objections.

OP posts:
OliviaBenson · 14/05/2014 11:09

They may argue that the garage affects the setting of their listed building. I'd give them a call. Has the planning and conservation officer been out?

Pinkje · 14/05/2014 12:29

That's exactly what they said in their objection. I know the officer has been out as she made some comment about the house being empty. Thing is, we'd quite like a stone garage but that'll be far more expensive and I want the cash to spend indoors.

OP posts:
Rockdoctor · 14/05/2014 13:55

I would be more worried about being in a conservation area than their listing. If the planning officer has already been out then they are probably looking at it - but it sounds like there is a precedent in your area if other houses have done the same.

Pinkje · 14/05/2014 16:21

Thanks for that. I'll do a quick survey around the area for similar garages so I'll have the evidence if they do come back on this point.

OP posts:
eskinosekiss · 14/05/2014 17:13

I think your neighbours do have a case. This is from my local planning guidance

SETTING OF LISTED BUILDINGS
4.37 Decisions on Planning and Listed Building Consent applications need to consider
their impact on the setting of Listed Buildings. The land and structures contained
within the curtilage are likely to be an important part of that setting. For example, a
principal building, and its grounds and ancillary structures, may all be part of an
integrated design.
4.38 The setting can, however, extend much further than the curtilage and may often
include land some distance from it. It includes landscapes, street scenes and
layouts that are part of a buildings context, and views to and from the Listed
Building.
4.39 The setting may encompass a number of other properties. The setting of individual
Listed Buildings very often owes its character to the harmony produced by a
particular grouping of buildings (not necessarily all of great individual merit) and to
the quality of the spaces created between them.
4.40 Where a Listed Building forms an important visual element in a street,
consideration should be given to any development within the setting of the building.
A proposed high or bulky building might also affect the setting of a Listed Building
some distance away, or alter views of a historic skyline. In some cases, setting can
only be defined by a historical assessment of a building's surroundings.
4.41 There is a presumption that the Council will resist any application that:
 Would dominate the Listed Building or its curtilage buildings in scale, form,
massing or appearance,
 Would damage the context, attractiveness or viability of a Listed Building,
 Would harm the visual, character or morphological relationship between the
building and its formal or natural landscape surroundings, or built
surroundings
 Would damage archaeological remains (above or below ground) of
importance unless some exceptional, overriding need can be demonstrated,
in which case conditions may be applied to protect and preserve particular
features or aspects of the archaeology
 Would impact adversely on a Conservation Area

eskinosekiss · 14/05/2014 17:14

I think your neighbours do have a case. This is from my local planning guidance

SETTING OF LISTED BUILDINGS
4.37 Decisions on Planning and Listed Building Consent applications need to consider
their impact on the setting of Listed Buildings. The land and structures contained
within the curtilage are likely to be an important part of that setting. For example, a
principal building, and its grounds and ancillary structures, may all be part of an
integrated design.
4.38 The setting can, however, extend much further than the curtilage and may often
include land some distance from it. It includes landscapes, street scenes and
layouts that are part of a buildings context, and views to and from the Listed
Building.
4.39 The setting may encompass a number of other properties. The setting of individual
Listed Buildings very often owes its character to the harmony produced by a
particular grouping of buildings (not necessarily all of great individual merit) and to
the quality of the spaces created between them.
4.40 Where a Listed Building forms an important visual element in a street,
consideration should be given to any development within the setting of the building.
A proposed high or bulky building might also affect the setting of a Listed Building
some distance away, or alter views of a historic skyline. In some cases, setting can
only be defined by a historical assessment of a building's surroundings.
4.41 There is a presumption that the Council will resist any application that:
 Would dominate the Listed Building or its curtilage buildings in scale, form,
massing or appearance,
 Would damage the context, attractiveness or viability of a Listed Building,
 Would harm the visual, character or morphological relationship between the
building and its formal or natural landscape surroundings, or built
surroundings
 Would damage archaeological remains (above or below ground) of
importance unless some exceptional, overriding need can be demonstrated,
in which case conditions may be applied to protect and preserve particular
features or aspects of the archaeology
 Would impact adversely on a Conservation Area

Pinkje · 14/05/2014 18:45

Thank you eskinosekiss ; I'll wait to hear then. In all probability if they refuse us then we'll abandon the idea of a garage and erect a timber shed somewhere else in the garden instead.

OP posts:
RCheshire · 14/05/2014 22:16

That's interesting eskinosekiss. I'd not come across 'setting' before as an argument. Sorry Pinkje, my original reply was too simplistic.

OliviaBenson · 15/05/2014 08:48

English heritage have guidance on setting which may help you. If it looks like it will be refused on materials (ie render and not stone) you could amend the plans to get an approval. Even if you don't build it, it's better to have a live consent for 3 years than a refusal. It could help if you wish to sell at any time as well.

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