Planning Objection

[TheOutlaws]

Background: DParents live in a semi; their neighbours do not maintain their property. Neighbouring property is falling down; panes of glass coming out of the porch, windows are almost 100 years old and falling apart. In short, passers-by assume it’s derelict. Neighbours are fairly rich, too outing to name their profession but assuming no hardship, they just refuse to maintain their property.

Parents had a nice new porch installed last week. Planning dept visited them today to inform them of complaint, presumably from direct neighbours, that it’s too tall and requires planning permission. Planning guy was nice and took photos of neighbouring property in order to expedite dismissal of complaint with his boss.

My question is, is this a vexatious complaint and might my parents counter-complain in order to get these people to do something about the state of their house?

Assuming you are in England these are the rules

https://www.planningportal.co.uk/permission/common-projects/porches/planning-permission

@Seeline

Helpful info thank you. Not a conservation area and in England.

Separate issues. Did they not check if it needed pp or permitted development, nor buildings regulations in advance? Does not really matter who has complained. If needs be they can apply retrospectively. As to the other property the council may be able to track down the owners and request work. Does its state cause them damage or disrepair?

@LIZS

They actually went to see the neighbours to let them know about the porch, and to reassure them that there would be no impingement on their property. They didn’t say anything at that stage, not that they could.

The neighbours’ porch has already lost a pane of glass, even the postman refuses to go in there in case it collapses, which might mean it could impinge on my parents’ house.

Why would a structure collapse because a pane of glass is missing?

does the word “could” mean no, it currently doesn’t in answer to the question posed. It’s neither damaging or causing your parents house any disrepair?

if it does in future then there is generally council safety bodies. But as it’s not currently you can’t report for something that may happen in the future.

We also needed a metrically scaled sectional plan and a location plan, as well as the site plan . They will need the same. As well as photos. For something similarly minor. It is really not an easy process. Ideally it’s as simple as you say but it’s not my experience. And if you try to create rhe plans yourself and get it wrong they just don’t validate it and send it back to you. Plus you need to justify it in terms of local planning policy.

I genuinely wish my parents hadn’t just accepted this at face value, it’s obvious in hindsight that the neighbours would automatically object. Sounds like a right palaver getting retrospective planning permission.

@Janieforever most Councils will accept what I have outlined. I've dealt with loads of applications on that basis.

I can’t lie, it was for us. Maybe different councils are different in how they handle but the government sets strict guidelines.

As said, we were in a similar boat. Neighbour complaint, minor issue, retro needed to regularise. It’s approved now. But it cost us over 1k and it took 4 months all in as we tried to do it ourselves and the council rejected the plans, so we ended up having to hire someone to do our plans etc it was too complex . the application alone for us was 250 quid.

however if it needs planning it needs planning and it doesn’t matter if it’s before or after in reality, they’d still have to do it.

if the apex of the external roof is more than 3 metres from the ground, then it will need it If the external foot print is more than 3 metres square, they will need it.

There are also other considerations now, like safety glass in any windows, fire regulations for any electricity/wiring, depending on scale , possibly building regs sign off etc that the council may ask for as part of the process.

Wish mine had 😔

Porches fall under Part 1, Class D of the General Permitted Development Order. Permission is required if over 3 metres high, over square metres in area and if the distance from the front boundary of the garden to the porch is less than 2m.

With regards to the untidy house, you can report that to the planning team at the Council so that they can decide if they can legally force the owner to bring it to a tidy condition through a section 215 notice. Your details will remain confidential.

You would be surprised how many people keep an eye on building alterations etc and report to Planning. It is fine out of wanting to maintain the look of a road, the architectural coherence etc, and to not let overdevelopment impinge.

Builders cannot be trusted with planning compliance, it’s not their remit, unless they are a company like some of the loft companies that handle the whole process and take responsibility for it.

It may or may not have been the neighbours.

The state of their house has nothing to do with the decision.

Planning decisions are made according to planning law and policy, whether neighbours have reported or not.

Quick update:

Planning officer wrote to my parents today to say that, even though the porch is slightly too tall, they’ve decided not to pursue it due to the marginal nature of the height increase. Therefore there’s no requirement to decrease height, nor make a retrospective planning application because, based on his investigations, it’s not expedient. He’s going to inform the complainants and close the case.

Thanks for your advice!

Sounds a very sensible decision.