Planning decision doesn't take my neighbour into account - can I appeal it?

[samosamo]

Hi there all,

I've put in plans for a 3m side extension. The council has refused it based on lack of privacy and light to my neighbour - the ONLY neighbour this will impact. My neighbour wants to do their own 3m high extension next year, and are extremely supportive of my scheme. No less because if we don't get approval, they might not be able to go up top 3m. They are not in the financial position to put in an application right now.

The council say it doesn't matter that my neighbour supports my application, they have to take into account potential future owners. (I find this so strange!)

I'm considering just building up to 3m and delaying the lawful dev cert until my neighbour has put in their application next year. After all, my neighbour is unlikely (very) to complain to the council about my extension and it impacts absolutely no one else. Ad I'm not a rule breaker by character, but this seems so bonkers to me.

If I need to appeal, has anyone ever appealed a situation like this? It seems nuts to me that the council is giving no weight to the opinion of the current owners of the neighbouring property and instead prioritising 'future' owners.

I also think it is interesting that the council's policies assume people want more light / privacy. Sure this might generally be the case, but to be truly diverse, surely my neighbours saying they are absolutely fine with it, should be given consideration over a blanket assumption about what all humans want.

Any thoughts?

Of course every case is different but we had PP turned down once as it would be of detriment to the house next door - which was our house!!!

You refer to lawful development and planning. Which is it?

You and your neighbour could do a joint planning application which might have a greater chance of going through. Planning applications aren't very expensive.

The Council will look at the impact of new development on the residential amenity of neighbouring properties - not the current occupiers. There have been instances where NDNs have been coerced or lied to to get them to support applications so little weight is given to such letters.

I have seen situations like this where a joint application has been submitted, but even if PP is forthcoming it will be conditioned that both extensions must be constructed at the same time.

You do have the right to appeal the Council's decision by lodging an appeal with the planning inspectorate. However, an inspector will have to apply the same policies as the Council, and if the impact of your proposal on the neighbouring property is that bad, it is unlikely that a different outcome will be reached.

Did your neighbour write in support? It sounds as if it is declined on basis of local planning policy, have any other properties done similarly?

If I need to appeal, has anyone ever appealed a situation like this? It seems nuts to me that the council is giving no weight to the opinion of the current owners of the neighbouring property and instead prioritising 'future' owners.

It is not nuts that the council are thinking of the long term liveability, suitability and amenity of local housing stock.

Also, if planning objections could be waved away by neighbours there'd be an awful lot of bribery and intimidation during the planning process

If your neighbour can't afford to put in an application, they might not ever be in a position to build the actual extension. If yours goes ahead and they never build, your extension might have a negative impact on the resale of their house in the future. The council has to think about more than the individuals who own the houses right now.

It's not simply your house and your neighbour's - it's part of the housing stock of your town / village / city - property which may still be occupied long after you're 6ft under.
It's important to uphold minimum planning standards for the benefit of the area and its residents in perpetuity.

I understand that in terms of thinking about the needs of the community, questions such as should a house be converted into two flats? Or in conservation areas or listed properties - protecting some sort of historical significance etc.

However, a planning team thinking they know the wants of people who might or might not occupy a house in 85 years - not so much. Particularly that they would want ore light / less shade. I say this as someone who loves a shady house. IN summer when I can sit cool in my home, it's just perfect.

I once owned a listed property in a street of other listed properties, 70+% still owned by the council. I applied to put in double glazed sash timber windows - they said no, in 1850 there would have been no double glazing. Stupid argument but not much I could do. One year later, the council renewed the windows on the council properties. Of course, double glazed. Similarly making me renew the roof with expensive Welsh slate, when the council used far far cheaper Spanish slate 6 months earlier.

You'll forgive me for not immediately assuming planning teams know best, or even work on common sense.

Apparently a future owner of the house, who has not even been born yet, might not like it...... ;)

I don't know what to say....