Withdrawn planning app comment?

[LondonNQT]

We’ve currently put in for an extension on the opposite side of our end of terrace house to NDN. Said NDN emailed a few weeks ago telling asking us to delay our works for a few months as their (second) baby was due around then. The main argument being that she didn’t want the newborns lungs being polluted by breathing in all the dust (we’re in London) and she wanted to be able to enjoy their garden over the summer. A number of demands requests were also made as to when we could and could not do works during certain times of the day.

I do empathise - newborns can be stressful and living next door to building works is not fun. However, we were (and still are) too far off to even be able to hazard a guess as to timelines (not yet done detailed design nor put out to tender and there are likely to be amends from the planners). We promised to let her know as soon as we had anything more to share on timelines and made reassuring noises but committed to nothing as we quite simply don’t know.

Last week we had another email from her saying she’s commented on our planning application but not to worry as she’s not objecting to the whole thing, she just wants to understand how their light will be affected... To be totally clear, this extension can in no way impact on their property’s light - FWIW they both work in the legal profession.

I’ve checked the planning portal but a week later her representation still hasn’t been listed. Could she have retracted her comment? Could one even do this?

The whole house needs to be gutted so even if we don’t get planning, or we want/need to appeal, we could still be doing noisy, newborn lung polluting works as she’s giving birth should we be sufficiently black hearted (tongue firmly in cheek).

Plannng department moderates comments and can redact personal information before publication so it could be that this process has not yet happened due to leave or backlog.

Another neighbour made a comment on the same day that she emailed - that comment is up there (redacted as you say) but not hers. Which is a bit odd!

Do you have an architect? If so they can advise you on these sorts of comments. If not, then you can only assure her that the build will most likely take place 3-6 months after permission is granted. Most builders at this time of year are already booked for the summer. An architect will draw plans so they don’t encroach on her rtl.

@LondonNQT at my council there is a delay (sometimes weeks) in putting postal comments up online. So there may be a comment but it hasn't been scanned and redacted. I would phone or email your case officer asking about all comments received.

There is a specific test in planning regarding daylight/sunlight looking at impacts on daylight, sunlight, overshadowing and vertical sky impacts. The case officer will do these calculations if they think there is an issue. Depending on whether the extension is rear or side, single or two storey and the distance between the nearest window of the neighbouring property there may be an issue. However often these are rarely sufficient to warrant a refusal. Even then your case officer will likely contact you or your agent before refusing.

HTH

plannergirl9 that is perfect - thank you so much!

Right to light is a legal right completely separate from planning. Authorities often have an approximate 45 degree rule for planning permission, but if the neighbours want to go down the right to light rule that's some other legal corridor altogether. Your build would have to be vaguely in front of their window to have any chance of an issue though.

Thanks johnd2 - not really sure what they’re playing at to be honest. There’s no physical way this extension could block their light... 🤨