Rock and a hard place with neighbours extension

[MrsCremuel]

Neighbour has been refused planning permission after we commented we were concerned about light levels in our adjoining property. Extension planned was 4.5m long and 3m high. It would have blocked the light into the back rooms considerably and as it is so long been overbearing in the garden. They have now offered an alt which is a lower by 40ish cm and said if we dont accept, they will go ahead under permitted devp. It would be shorter but higher.

Not sure what's worse and what to do!

If it’s higher will it block out more light ?

I think 4.5m may still be more than pd. Is it detached/semi and if newish there may be no pd rights. I doubt it was declined purely on your concern, have you looked online for the decision notice.

Semi detached. If they went with permitted devp it would be 3m long and 3m high. The length would be much better for us but the height would block the sun path.

If we went with amended plans 2.5m high and 4.5m long. The plans would also likely kill all our bushes and trees as it would effect the roots so there would be nothing to disguise it.

The neighbours are convinced it is our fault, but there were other factors stated about other works planned on the house.

Making me very anxious about how dark the back rooms will be and potentially selling the house in the future. The planning report was v critical of the plans.

Personally I think 3m x 3m is far better than 4.5m long (and 2.5m high). Having said that, I'd tell your neighbours that its not appropriate to give you an ultimatum. I wouldn't agree to anything you're not happy - if they choose to make another planning application, you respond as you see fit (object if you think it'll block the light). If they proceed with PD, thats their choice.

I think it needs to be less than 3m for pd.

Heightwise I mean

There won’t be any problem selling the house in the future because the buyers won’t ever have seen it before the extension, so to them it will look normal .

https://www.planningportal.co.uk/info/200187/yourresponsibilities/37/planningg_permission/2

I would consider the direction of your back rooms and see how much an impact that would be.

If selling soon, buyers may think an example larger extension was built on the street and they could get the same one.

4.5 m is still allowed under PD but require a prior notification. I am not sure why your neighbour applied for planning permission.

If they go for 3 metres out PD, bear in mind the 3m height applies to eaves not overall height. So if pitched room, the highest point can be 4m. If flat roof with parapet, the parapet wall height is not included in 3m either.

It's a a pitched roof so likely 4m. We won't be able to see the sky when looking out of the kitchen on that side. Back rooms north facing so dark anyway, fear they will really be very dark now.

It is a threat really, despite assurances it wasn't. What else could it be? That alone was enough to really sour relations.

Just feel so hopeless about the whole thing. We have spent money making this house nice, then this happens. Also, what is the effing point of planning permission if they can go do ot anyway with PD?!

If you read the link it cannot be 4m high under pd.

Eaves max height is 3m. Eaves measure from the natural external ground level to the lowest point where the roof meets external wall.
4m max for overall height.

4m would be awful and would block the sky entirely in the morning. I think I am going to have to accept a 4.5m long 3m high ext - but think that's just the eaves?!

The extension is only part of their plans. If they need so much more space, move house!

The whole thing will likely kill all our vegetation on that side too.

@MrsCremuel I feel you. My vegetable patch did horribly this year as neighbours really let their bushes grow and I will have to relocate it this spring.

Did you see their plan for the 4.5m out extension? The council website may have their application form with overall height on. In my area, 4.5m out for a semi would fall under larger PD, 3m eaves height and 4m overall height apply.

Honestly don't accept anything you're not happy with.

Feel your pain. The neighbour behind us built a garage with a room above literally a metre from our back fence. It’s enormous. All you can see from every downstairs room is a great red tiled roof where previously there were trees and sky. It’s horrendous and it spoilt my enjoyment of our garden. Never even knew he was building it.

It's not up to you to accept or not. Right to light is a reasonable grounds for rejecting permission. If they are within a metre of the property line don't they need party wall award as well?

I’d read the planning portal info, on what they applied for and why it was rejected.

If that doesn’t clarify, speak to Council about what they can and can’t do under pd.

Your neighbours - I’d not care how they feel about delays or planning issues. They’ve not thought about how you will feel, so fuck ‘em.

I think your neighbours think you have more power than you do. If it’s compliant to planning it will pass, if not it will fail.

where are you? The UK? Where I am a pitched roof at 3m high wouldn't pass muster

Honestly people object and get very involved in these applications, but it’s fairly meaningless. Our neighbour got right to light companies involved, local councillors, Head of Planning, one planning officer went off with stress (I kid you not), she wrote letters, sent pictures, and gave her own ruling. Ours was compliant and it sailed through first time, no changes.
She then kicked up a massive stink - ombudsman involved, barrister, threats of legal action.

Now we are building she has reported us to the HSE, environmental enforcement, councillors.

Covid has had more impact. I’ve decided she’s a spoilt woman who no one has ever said no to and this was a spectacular tantrum.

It is not for you to decide this stuff OP and you neighbour should understand this.

Gosh didn't get notified of all these responses, thank you!

I did say to neighbour that it wasn't our comment that got it rejected, it simply doesn't comply with regs but they were adamant it's our fault. I've let go of any hope of maintaining neighbourly relations, they obviously do not care and will get away with what they can.

The gall of it - they asked us to put a positive comment on the new plan to save us from permitted devp plan.

Think I need to speak to someone for advice. Have read the report thoroughly, that original plan won't stand. We will have to see what the new plans submitted are and risk that the permitted devp plans are worse in some way.

One thing I am unclear of, PD says 3m to boundary but is that to eaves, no with a pitched roof would be another meter at least? I am in UK.

Honestly didn't have a problem with an extension, but the way it's been done and the size of it is unreasonable.