Help! How do we go about professionally objecting to a neighbours planning application?

[justanotherquestion]

We have just discovered that people who are intending to buy our neighbours property have put in a planning application that would (we feel) seriously affect our enjoyment of our property and potentially affect it's value.

We live in a conservation area in a detached house but with a very restricted width to the plot. Our (new) neighbour is planning to build up to the boundary fence, such that the view from one of our kitchen windows (a gorgeous sash window at that) will now be a brick wall at less than 10 ft distance. It will also impact on warmth and light since our kitchen is dark and cold. We feel the development is too much for the plot and will dwarf our property and make us feel hemmed in. What arguments/rights do we have? We are thinking of employing an architect - is this necessary?

Would love to hear from others, who have been through this with successful/unsuccessful outcomes.

Most councils have free sessions with someone from the planning department. The could be a good sounding board to discuss your concerns and that discussion could help you formulate you objection points.

I've successfully got permission for houses and extensions in the past and objected to others.

You have no right to a view, the right to light laws are very complex and limited, right to privacy will just effect no/ size of windows.

My unprofessional opinion is your strongest point is its out of keeping from a conservation point of view and overdeveloping their plot by going to the limits of the plot.

Just thought I would add a correction: the distance from the window to the brick wall would be less than 6ft.

We objected to a planning application to put a block of 8 flats at the bottom of the garden.

We read the relevant planning laws carefully, so we knew we were objecting on valid grounds, got copies of the plans, so we knew not only what they were planning, but who the developers were - and then we found other developments they had done locally, where they had breached the planning consents they were given.

If you look at your council's rules, you may find that developments have to be in character, or that there are specific rules about distances from adjoining properties - find all the relevant rules and write your objections around them.

In the end, we submitted a 9 page document detailing our objections,,and then I attended a site meeting with a council representative, and was able to make our points in person.

The application was turned down, and the developers came back with a much more suitable plan (three town houses) which none of the neighbours objected to, and so it was approved.

Research is the key.

Thank you Mis, interesting that we have no right to a view! Bit worrying that you can wake up and look out at a brick wall!

Thanks SDTG, you are right I need to do a lot of research - gah - it always happens when you are busy with other projects does n't it? Hopefully, I will find something about distances.

How high are they building? Single storey or two storey? If it's single storey it shouldn't be much worse than a fence - in fact if you ask them to render it and paint it white you can grow climbers up it and it will look rather nice (better than an old fence in fact!) and if painted white will reflect light into your room... Two stories is a different matter... If that is the case I would expect it would affect your right to light so worth investigating that avenue of objection....

Something like this? If rendered and painted white then it'll look smart and bright instead of like a boring old brick wall!

Acer that wall does look good, I have to say. It is single storey but, whilst I currently do not know the heights it will be a lot higher than the current fence and since the houses are so close together anyway, it will restrict what precious little light we manage to get.

Take a look at the plans. You may be able to request the height of the wall is reduced and get them to have a pitched roof sloping away from the wall back towards their property - that would hopefully reduce the impact a bit? Better than a full height wall! Then insist that they render and paint it on your side...If the white wall faces any direction other than north then it will reflect light back into your kitchen when the sun shines on it.... Hope that helps! Maybe have that as a back up request if your full objection is rejected...?

Like this...

If you can afford it would get professional advice from a property lawyer as to whether you would have any legal options (eg rights of light or covenants that might help) and also from a planning consultant to help you formulate clear grounds of objection as planning is quite a specialist area

Your objection should focus on planning issues- over development, poor design, conservation area or out if keeping with the area etc rather than the effect in your view or the value of your house as neither of those are relevant to planning decisions. Mentioning them makes it easier for developers to dismiss your other points, no matter how valid.

I second everything SDTG said. We've both objected to, and countered objections on planning applications.

As it's a conservation area, it might be worth speaking to your local councillor and asking them to object on the wider argument of it not being in keeping with the area.

There's not much point in employing an architect. A planning consultant is more relevant but I'm not sure it would be that beneficial at this stage. If you have valid grounds for objection then they are likely to be upheld. If they're not valid then they're likely to be over-ruled and a planning consultant won't make any difference. They're just good at putting the arguments together.

Forgot to add, if your other neighbours are equally concerned about the planning application then get them to write letters objecting to it too. Ditto if you have a residents' association or a conservation group.

Thank you all, some very useful ideas here. Please keep the ideas coming. As I sit here in this mornings sunshine it seems all the more poignant that this could be coming to an end soon. I think whatever they put up, whichever way the roof slants, (but slanting it backwards may help) it will affect our light at the side, but not at the rear. The neighbour at the other side would not be affected due to the sun position, but even if they do not come out at the sides and just come out behind the property our side windows are going to be in shadow.

We can afford to consult professionals - we have to - the alternative, if they got permission, would be that we would need to either extend ie match their dwelling, so that we can put roof lights in, or move!

Do we consult an architect or planning consultant - what is the difference?

At a very basic level - an architect draws up plans so yy one could offer an opinion on the drawings your neighbours have submitted but their opinion is no more or less valid than that of the architect who drew up the plans for your neighbour iyswim

A planning consultant is actually an expert in planning regulations and to a certain extent housing legislation. They are best placed to construct an argument using planning legislation in your area. As a PP said, access to light isn't usually deemed suitable for an objection but a planning consultant could object on a different basis that would still get you the end result that you want eg there may be valid objections based on visual amenity; the conservation status of the area; access, etc. There may be some party wall issues that they could use and there may also be some restrictions on your and your neighbour's deeds about where you both can build eg sometimes there will be a clause about allowing access or right of way.

It might also be worth a call to whichever agency granted the conservation status eg I'm in Scotland so it would be Historic Scotland. They might be able to offer some advice.

Thank you a place on the couch - very useful.

How do I access a planning consultant? We are in London. Do I just google one - I've never heard of these specialists before.

Loads of planning consultants around basically they are planners in the private sector, check out the Royal Institute of Town Planning for members. An architect will be able to give you advice as any worth their salt also needs to know the planning rules otherwise they can't do their job however you are unlikely to get value for money as they tend to specialise in building new work rather than preventing it and some architects are better at doing this than others. So unless you have a handy architect friend a planning consultant is probably a better bet.
You cannot object over losing your view or the affect on your property value - these carry absolutely no weight in planning legislation. Scale, being overbearing, out of character, not meeting guidelines may be a better bet it will depend on the exact issues that you have, it's hard to comment without seeing their plans and your house however please be aware that the government has recently been eroding the planning rules especially in London so it is easier to get permission than ever before and it's harder to object.

Most councils should have the planning register online so you can see the plans and there will be links for how to object. I've objected to property developer extending next door and council upheld objections (there were a couple of issues and more than one objection) but the developer has ignored it and council seemingly can't afford to enforce it. So we still have students peering into our toilet window from an illegal roof terrace above. Still, if they want to see DH and DS having a wee I guess they'll enjoy the view.

You should definitely be able to see the plans on line via the Council's web site.
You shouldn't need a professional to make your objections, but if you do, a Planning Consultant is the right person. Architects think they are experts, but they are not.
In terms of grounds to object on, there are general issues, but it would be worth looking at your Council website under 'planning policy' there should be some form of Local Development Framework/Local Plan document which sets out the Council's rules on development. there may also be a Residential Design Guide which gives more information. Speak to the Planning Officer as to what may be relevant, or your local Councillor.
general things:
Residential amenity - extension should not have a detrimental impact in terms of dominance, enclosure, loss of sunlight/daylight, or loss of privacy.
Conservation Area - if it is just a single storey rear addition, it will be harder to argue, but if it can be clearly seen from public viewpoints, is it in keeping with the character of the house, other properties, and the general character of the conservation area?