Neighbour's massive extension- how to object?

[isitsmallorfaraway]

We’ve recently heard from our next door neighbour that they have submitted plans for a huge extension that will cause real issues for us with light and privacy and essentially make our house virtually attached to theirs as they will come right up to the boundary.

I want to get the best advice to object in the best possible way. Do I need a planning consultant or a planning lawyer (or both?)

Does anyone with experience of working with someone like this have any hints or tips about how to choose the right person or what to look for?

I will need help with drawings and photos to demonstrate the light issues I think so presume someone would come to the property?

Any experience or advice from anyone who has done similar gratefully received

Start by reading this: planninglawblog.blogspot.com/p/how-to-object.html?m=1

Well the neighbour's extension be permitted development or require full planning?
The planning portal is really useful for the rules. Do download the technical guidance document to read too.

I have been on both sides of this. We demolished a house and built our own and neighbours wanted to put two houses where previously one house had been built and all the street wanted us to object (which we didn’t do). In my experience planning departments let almost anything be built so I would think carefully about objecting and how your relationship will be with the neighbours for years to come if you do. For our proposed build we spoke to neighbours before bought the house and so tried to reach agreements/compromise before we put the plans in. This worked well. Could you try an initial discussion with the owners?

I'm fairly certain right to light is a civil matter and not considered as part of a planning application. That can be a good thing as you can pursue it even after planning is granted but a bad thing as it's expensive to seek an injunction through the courts.

I'd want to be absolutely certain that no guttering, etc will overhang your property, no rain water will discharge onto it and I would push the point with them that you want to be able to access your wall for maintenance. You're not supposed to build right up to a boundary, but often this does not take into account rainwater goods and roof overhang.

Probably best to have a friendly chat with them - you need to get over your natural reaction to not want this to go ahead and accept it will do and see if you can get any agreement on some of the finer details.

In my experience planning departments let almost anything be built
You experience would seem to be somewhat limited, if that's the case.

To add: It's not within permitted development as it’s a two story double fronted annex

The first thing to do is be clear about all the dates.

The next thing is to read up on how to object.

Then you can invite the officer to view your property and the potential impact.

You can also ask your ward councillors if they would be willing to call it in for planning committee decision - this is more random than officer decisions but IMV officers are more likely to say yes.

I do not think you need a planning consultant but you will be able to find one easily enough. Not cheap though.

Also highly relevant: They've been difficult neighbours for the seven years we’ve lived there and we will attempt to discuss our feedback on their plans but would expect them to be ignored. So we will object formally.

Planning Aid helped us years ago. From memory complaining about light won't help. But overbearing bulk and pinning in can. There are things the committee take into account and things they don't. Light and your lost view don't count for some reason.

We are about to object to our neighbour’s application and the planning portal says that overshadowing is a consideration and the 45 degree rule will apply.

Our next door neighbours plans were turned down as they would have completely blocked the light in our quite small backyard. The extension would have been along one wall boundary of our yard and it was refused as too imposing and having a negative effect on us….just to give a bit of countenance that they do reject stuff. We just objected to a housing development at the bottom of our garden (different house) and the developers have had to change the house on our boundary to a bungalow rather than a 2 story because of lack of privacy. It’s definitely worth putting in an objection but make sure it is on objectionable grounds

I work on a planning committee at a local council. The 45 degree line can count as an objection if a breach is clear on the plans, as can loss of amenity/privacy etc. Overdevelopment, due to scale, mass and bulk and it being out of character with the streetscene could also apply, depending on the plans.
I would look at the relevant borough councils planning policies to get an idea of their reasonable grounds for objections. If there is a parish/town council who has a committee, they will also be consulted and you could contact them to speak at a relevant committee meeting.
An external planning consultant should be able to help you also.

I work for a local council’s planning department. The first thing that you should do is object asap in simple, unemotional terms and on valid grounds. Your local council website will give you the valid and invalid reasons for objecting. You can always get a planning consultant involved at a later stage if need be,

Do you have a parish Council? If you object early on, they will see that when they come to discuss your application and are more likely to investigate the problems and object. Check when their meetings are. They will have the same deadline for submitting comments as you but might meet infrequently. You need your comments (and those of any supportive neighbours you can persuade) to be submitted a week before they meet in order for them to discuss it (their agenda is set at least 3 clear working days before the meeting and can’t be added to).

Will the extension lead to an increase in bedrooms or include any annexes for relatives or for use as an Airbnb? One of the reasons extension plans are most likely to be rejected in this part of the world is if the extension is potentially likely to be related to an increase in the number of adults living or staying on the premises and thus a presumed increase in the number of cars? This only works where off-road parking is limited and residential parking is already a problem.

You can speak to the case officer at the council in an informal way to ask their advice. They might also suggest ways things you can request in your letter of objection to mitigate against the problems if they think permission is most likely to be granted, such as insisting on frosted windows or that the neighbour plants mathura hedging to add privacy .

Don't hire a lawyer. If you really can't do your own objection you could use a planning consultant, but they're expensive and you should be able to do this yourself. Planning decisions have to be based on the development plan; look at your local council's development plan policies regarding protection of amenity. Loss of light to habitable rooms is a reason for objection and there are formulae for assessing this, like the 45 degree line from the centre of windows that has been mentioned. You don't have the right to a view, but loss of outlook can be a reason to object. Also overlooking, loss of privacy and overbearing impact should be considered. Impact on your property value isn't a consideration, but the impact on the character of the wider area is. Also check local plan design policies, and any supplementary design guidance that your local council has, that you could refer to in your objection.

www.rtpi.org.uk/planning-advice/about-planning-aid-england/what-we-offer/

These people looked at our ndn plans for free and gave us advice on what we could object to. It was a while back though.

The fact you referred to this as an 'annexe' and not an 'extension' could be significant. If what is proposed is a self contained accommodation unit (e.g. a 'granny flat ' or holiday let) rather than purely an extension to provide more space for the existing house, then objections may be more likely to succeed. Additional considerations come into play, e.g., the impact on parking, plus the neighbours are effectively seeking to change the use of the building rather than just the size.

Planner here. Lots of good advice here.

If you do want to go down the professional route, you need a planning consultant - RTPI registered. A local one will be very familiar with the local council's policies, but an experienced consultant will be able to deal with any area.

All development needs to comply with the local development plan which will be on the council website. They can be called different things but something like the Local Plan or Development Management Plan etc. You will need to look at the Policies relating to house extensions as well as general development.

PP is correct in that Right to Light is a specific area of civil law not connected to the planning system. However, you can object to a development if it will significantly reduce levels of daylight/sunlight (habitable rooms such as bedrooms, living rooms count, not kitchens/bathrooms). Similarly, development should not result in a sense of being overpowered or enclosed which could be harmful to residential amenity.

Once you've identified precisely what points of the build will cause the problems, speak with your local councillors too. They can help ensure conditions are attached to the planning permission.

Read your local plan, there will be rights outlined in it that apply to all parties.

What happened with this?

So many jealous people in this world I’m having the same issue with my neighbour she don’t let me build extension. These people are so selfish they can’t build a shit themselves. They want to live in the shit hole and stopping the others from doing that jealousy kills, and this are horrible people which they will be paid one way or the other from God.

hopefully God has more important things to do than punish those who insist that their neighbours stick to the planning rules

This is really interesting. I know of a situation in my part of London in which permission was granted for a huge extension, and they also used their permitted development rights to build 3m from their original boundary. It seemed cheeky but apparently completely legal.

Where I am, it seems the planning department waves a lot through, making token changes like preventing a window being in a certain place or something.

🤯
Wow

Let me also guess, you bought a period house and ripped out all the features 🙄