Advice with planning.

[planninghelp2022]

I've been on here for years but this may be outing so NC.

We have applied for planning permission for our 2 storey extension on the rear of our 3 bed semi.
It has come back with the council telling our planner it would be rejected as it is a concern that the extension will be by kitchen/diner of the adjoining house, we are within the correct degrees stated on the legislation for light etc

Does anyone know of any problems they could mean in relation to this.?

Ask your designer to contact the planning department for an explanation and which policy/law they are referring to. If the neighbours kitchen/diner has a window on the side, a 2 storey extension must take light away I would have thought.

Yes we are waiting I was just wondering in the mean time, curiosity and impatience, as it seems like that is not a valid reason for rejection.

No we both have windows looking out onto our back gardens. Which will then extend to the rear of our property, half way along the rear of our house, into our back garden along the adjoining side.

No side windows on the planned extension side and we are within the degree stated in their legislation for light.

You need to ensure the planning authority doesn’t have a policy that is more draconian about light. If your architect has met the light requirements then submit the application. Appeal if the planning authority is wrongly applying the rules. A minor tweak might be all that’s needed. Lower roofline might be needed or a less baulky design. I’m sure it can be sorted.

Could it be that the LA planning are forewarning you that the neighbour may take legal action as a civil matter for their right to light which is separate from daylight and sunlight considered by the LA.

Talk with the neighbour to see what their view (excuse the pun) is and if they have been in touch with the LA. It is perfectly legal to negotiate with your neighbour and agree compensation on these matters.

No. That’s not the role of a planning authority. They cannot agree to buildings that would result in successful litigation. They must apply their planning policies which will reflect the law regarding light etc. So they are not in any position to warn about any litigation.

Just ask what’s wrong with the plans and make sure the architect designs within the policies. Then no litigation is remotely likely!

Has the ndn objected? Planning will only apply relevant criteria and if the recommendation is to refuse due to this issue alone you are better revising the plans than pushing ahead.