Advice on objecting to planning permission

[SkinnyMirror]

There is a small bit of land next to our house which currently has derelict garages on it and has been used as a dumping ground by the owners- they're farmers and own lots of land locally but refer to this bit as 'the tip' which is nice 🙄

We've just discovered that they've submitted a planning application to build a 3 story house on the land. This house will be around 50 metres from our property and will block the only two windows we have on that side of the house - these windows are landing windows so they're claiming there will be no loss of amenities but they actually let in a significant amount of light and if these are blocked our house will be in perpetual darkness!

I was wondering if anyone had any advice on how to approach the objection?

I'm pretty sure we can object due to the fact we live in a conservation area and the house plans aren't in keeping with the area and it's also green belt.

Can we object to the loss of light and privacy even though the windows aren't room windows?

It would mean we lose our amazing view but as i understand, that isn't grounds for objection.

They've lied on the planning application about the current use of the land the land surrounding it - they've claimed that us and our neighbours use it for parking and their plans will improve this and make it safer . However, they've never let us park there. We have access rights and have occasionally had trades people park there so they can access the houses and they always tell them to move! Is this worth mentioning?

They're not very nice people so we need to be careful about how we approach this! Any advice would be greatly received!

50m away? Have you measured that out? That's a very long way - will it really block your light to a serious extent?

If it's 50 metres from your house, I can't see your problem! Surely a new modern house that distance away would be preferable to the "tip" ?

I think you should focus on a firm commitment from the owners for benefits you could get from the new plans, such as asking for allocated parking for you and your visitors

Sorry!! It's 5m!!

On the basis of what you've said, you don't stand a chance.

Try to park your emotional reactions to these 'not very nice' people and look on the bright side. A house instead of a tip 50 metres away sounds like an improvement.

Whoops, cross post.

I still don't think you stand a chance really. Loss of light, amenity, views etc - I've never really know planners take any notice of these nebulous things. The only answer is to buy your own land.

@Originally

On the basis of what you've said, you don't stand a chance.

Try to park your emotional reactions to these 'not very nice' people and look on the bright side. A house instead of a tip 50 metres away sounds like an improvement.

50m was a typo. It's 5 metres. I've seen the plans - it blocks all light and views. Instead of looking out over a Yorkshire valley we'll be looking at bricks.

Loss of light is an issue, overbearing. Loss of views isn't a planning matter.

Conservation area and green belt are big issues though.

I'd also just be factual in your reply that the land is currently used as storage and not accessible to local residents.

Unfortunately, because the two windows serve a hallway, they aren't really protected from a planning point of view. Have you looked at whether you'd benefit from any Rights of Light? It is a different process to planning - you'd need to contact a rights of light surveyor.

The land sounds like its pretty prime for some sort of residential development so I think your opportunity for objection might be limited :(

@Originally

Whoops, cross post.

I still don't think you stand a chance really. Loss of light, amenity, views etc - I've never really know planners take any notice of these nebulous things. The only answer is to buy your own land.

Looks like we're moving then.

I know you can't object on the basis of loss of view but I've read that loss of amenities and privacy are taken into account.

They are using a previous planning application as a precedent but that application was rejected and only approved when they agreed the house could only be built on the footprint of the existing garages - and they only got permission for a bungalow.
These plans are 3x bigger than the existing structure.

I wish you luck. Over 30 years ago we attempted to lodge a complaint when our neighbour began to build a substantial extension to their house. We were told it was a 'temporary' structure and our concerns about the light being blocked fell on deaf ears. Over 30 years later, the temporary structure is still causing issues since they rerouted the waste pipes to go around it meaning all bathroom waste has to cope with 4 right angle turns , the first of which is outside our back door, and our kitchen is unusable unless we have a light on, even on the brightest day. The neighbours moved away soon after building their extension. Sadly the problems it caused didn't go with them.

@Charlottemh

Unfortunately, because the two windows serve a hallway, they aren't really protected from a planning point of view. Have you looked at whether you'd benefit from any Rights of Light? It is a different process to planning - you'd need to contact a rights of light surveyor.

The land sounds like its pretty prime for some sort of residential development so I think your opportunity for objection might be limited :(

The land is tiny. It literally has two garages on it and not much room to fit anything else. In order for the house to be 5m away from our house they have to go right to the edge of the footprint - which is why they're building up. They can only get 2 rooms per floor.

I'll look into right to light - it's an old house and those windows provide most of the light for the house!

@NeilBuchananisBanksy

Loss of light is an issue, overbearing. Loss of views isn't a planning matter.

Conservation area and green belt are big issues though.

I'd also just be factual in your reply that the land is currently used as storage and not accessible to local residents.

Thank you.

@Erictheavocado

I wish you luck. Over 30 years ago we attempted to lodge a complaint when our neighbour began to build a substantial extension to their house. We were told it was a 'temporary' structure and our concerns about the light being blocked fell on deaf ears. Over 30 years later, the temporary structure is still causing issues since they rerouted the waste pipes to go around it meaning all bathroom waste has to cope with 4 right angle turns , the first of which is outside our back door, and our kitchen is unusable unless we have a light on, even on the brightest day. The neighbours moved away soon after building their extension. Sadly the problems it caused didn't go with them.

That sounds like a nightmare.

If they were refused before they may we’ll be refused again.

Will the new building be taller than yours? Unlikely to get anything taller than existing buildings in a conservation area. And actually while your view out might not be an issue, blocking a view across and within a conservation area can be a planning consideration.

How is vehicle access on and off the land? Would it be on to a road near a bend or dangerous in any other way?

It sounds like you may have grounds to object based on overdevelopment.

Good luck.
We objected to our neighbours hideous extension on the grounds of overbearing, over shadowing and loss of light.
We now have 3 huge floor to ceiling windows looking into our garden from which they watch us and very little light to our dining room.

If they were refused before they may we’ll be refused again.

This is the first time they've submitted. They're using a previously submitted ( by someone else) application as a precedent but that was refused 3 times and in the end it was only approved providing it was built within the existing footprint and was one story - their footprint was 8 garages not two!

Will the new building be taller than yours?

No put it is 3x taller than the existing structure

Unlikely to get anything taller than existing buildings in a conservation area. And actually while your view out might not be an issue, blocking a view across and within a conservation area can be a planning consideration.

I think the conservation area angle might be our best bet

How is vehicle access on and off the land? Would it be on to a road near a bend or dangerous in any other way?

It's into a busy road with parked cars obstructing the view but they've addressed that by lying about how the land is currently used.

@Nobeautysleep

Good luck. We objected to our neighbours hideous extension on the grounds of overbearing, over shadowing and loss of light. We now have 3 huge floor to ceiling windows looking into our garden from which they watch us and very little light to our dining room.

Oh no. Sounds dreadful 😕

Residential development is inappropriate in the green belt other than certain exceptions. Google NPPF Green Belt. One of the exceptions is “previously developed land” but that isn’t carte blanche to go crazy - the development should still have no greater impact on the openness of the land. A bungalow would have had limited impact on openness as a single storey structure, while its possible that increasing the height of the build means that there is a loss of openness.

With regards to loss of light to landing windows, that wouldn’t be a terribly strong ground for objecting as the space lit by the windows is not a habitable room.

I’d concentrate on the conservation area and green belt issues mostly. Conservation areas are “designated heritage assets” and again, the NPPF has guidance on planning and historic environment. Also, your local planning authority will have a policy document - a local plan, and may have SPG (supplementary planning guidance) on the conservation area and what makes it significant.

They sound like chancers. Our neighbours applied for 3 bungalows in the garden and got refused. Views from and onto a conservation area are very much protected. How old is your house? If it's listed or old then you can argue that the view is integral to the history of the house. The conservation officer was also very scathing about the fact they weren't in keeping with the surroundings.

Other things to consider: light pollution from new housing might affect local bats or wildlife? You mentioned a right of way - are they allowed to build over a right of way? Would the building block your RoW? Are there implications for drainage or grey water from the site?

I was convinced our neighbours' application was a shoe in but actually almost everyone involved rejected it for one reason or another so don't get too despondent yet. They're also much less likely to bend the rules for a one-off build than for a developer who will add significantly to local housing stock.

Good luck!!

@Hiyawotcha

Residential development is inappropriate in the green belt other than certain exceptions. Google NPPF Green Belt. One of the exceptions is “previously developed land” but that isn’t carte blanche to go crazy - the development should still have no greater impact on the openness of the land. A bungalow would have had limited impact on openness as a single storey structure, while its possible that increasing the height of the build means that there is a loss of openness.

With regards to loss of light to landing windows, that wouldn’t be a terribly strong ground for objecting as the space lit by the windows is not a habitable room.

I’d concentrate on the conservation area and green belt issues mostly. Conservation areas are “designated heritage assets” and again, the NPPF has guidance on planning and historic environment. Also, your local planning authority will have a policy document - a local plan, and may have SPG (supplementary planning guidance) on the conservation area and what makes it significant.

Thanks very much. I'll look into this.

They sound like chancers. Our neighbours applied for 3 bungalows in the garden and got refused. Views from and onto a conservation area are very much protected. How old is your house? If it's listed or old then you can argue that the view is integral to the history of the house. The conservation officer was also very scathing about the fact they weren't in keeping with the surroundings

They definitely are chancers! And they're skint apparently so I suspect the plan is to get planning permission and sell the land as that type of thing goes for a fortune around here.

Our houses are 150 years old but not listed. We're definitely in the conservation area though and on a hill so quite prominent - you can see our houses for miles.

Other things to consider: light pollution from new housing might affect local bats or wildlife? You mentioned a right of way - are they allowed to build over a right of way? Would the building block your RoW? Are there implications for drainage or grey water from the site?

Oooh we have bats living in our gable end which is tight next to the proposed house. I'll investigate that angle.

They wouldn't be blocking our RoW. It's essentially a lane which is only just the width of a car. They plan on making it wider so it can be used as vehicle access to the proposed property. They've said the application that we all use it for parking so it will be an improvement for us but that's not true. It's fenced off by a large gate and on the odd occasion one of us has had to use it to allow trades people access to the back of our properties they're round like a shot to tell us to move! They even tried to move DynoRod the other week as they were unblocking our drains!

I was convinced our neighbours' application was a shoe in but actually almost everyone involved rejected it for one reason or another so don't get too despondent yet. They're also much less likely to bend the rules for a one-off build than for a developer who will add significantly to local housing stock.

Good luck!!

Thank you.

I think 3-storey houses ought not to be given PP next to existing houses...

The local plan can help you word an objection. Focus on green belt and conservation area polices. Conservation area plans need to be in keeping and high quality design.

@BlueMongoose

I think 3-storey houses ought not to be given PP next to existing houses...

I'm hoping not! I'm assuming they've gone up because the footprint of the land is so small.