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Neighbours planned extension breaching 45 degree guide...help!!

7 replies

boredboredboredboredbored · 26/02/2019 22:11

Hi I wonder if anybody has any experience of this. My ndn tried to get their application through under permitted development but this was rejected (went to neighbour consultation as they wanted to build 6 m out).

They have now resubmitted plans through a full planning application. They have pulled it in 0.5m from my boundary but want to keep the depth of 6m. It breaches the 45 degree code by 2-3m from what I can tell.

The new plans facing my side use a lot of translucent glass so they're stating it will not breach the code as there will be no loss of light for me. I maintain it's too large and will have a detrimental affect on my outlook & light.

I have objected via the council. Does anybody have any experience of this? My council are strict on enforcing the code but I can't find a thing about the use of glass to break the rule....help!!!

OP posts:
boredboredboredboredbored · 27/02/2019 08:28

Bumping!!

OP posts:
BubblesBuddy · 27/02/2019 08:33

I would have thought glass was part of the building. Therefore it’s immaterial what material is used for the extension. Glass buildings still have to fulfil the requirements. They are not exempt. See if you can chat with the planning officer to talk about this.,

boredboredboredboredbored · 27/02/2019 09:00

Thanks Bubbles that is what I thought. I have been upfornt with my neighbour. His reply is somewhat arrogant and dismissive of my concerns (theyve been there 12 years, want to future proof their house, glass will carry light through so what is the issue etc). I guess I will just have to wait for the planning decision.

OP posts:
echt · 27/02/2019 09:33

While I'm in Australia, many of the laws are similar. Their glass is not the point. It is a structure. Once it's built, subsequent neighbour could brick it in.

An analogy would be someone building and saying trees in the line of vision mean they don't overlook a NDN's yard. As far as Au is concerned, the trees don't exist as "cover".

I'm betting UK is the same.

Seeline · 27/02/2019 09:41

It will depend entirely on the precise policy your local authority use. The 45 degree rule is only used by some Councils and varies a lot in the details - some measure from windows, some from walls, some from boundaries, some involve two storey structures only and some single storey.
The Planning Officer will look to see whether the proposed development will have a material detrimental impact on your residential amenities.
It will depend on the individual relationship between your two properties, whether the extension is deemed to have a dominant or overpowering visual impact, whether any primary windows to living rooms (ie not kitchen, wc, utility etc) will suffer a significant loss of light, whether the addition is considered to be overdevelopment.
Unfortunately all these issues are very subjective.
I would ask that the Planning Officer visit your property as part of the site visit so that they can see exactly what the impact would be from within your house. If they cannot do this, I would send photos showing the exact view from each of the windows affected, as well as from your garden.

boredboredboredboredbored · 27/02/2019 14:03

Thanks both. Seeline thats great info, I am in Birmingham who have very clear guidelines on the rules and the code is taken from the midpoint of my lounge bay (actually measures from the internal section of my bay as its a 3 sided glass bay). I will give the council a call and try and get them onsite.

OP posts:
BasiliskStare · 28/02/2019 18:04

Also check if the no of windows ( even if translucent glass) passes muster. In our area planning frown on nearby houses with lots of glass ending up like a light box as that can disturb neighbours. But you would need to ask local planning.
As @Seeline said - see if you can get a planning officer to come and have a look.

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