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Original poster

Neighbour planning issue

51 replies

Silkencat · 20/12/2023 11:01

We live on a road of semi detached 30s houses in a suburban town. Neighbours - who we are very friendly with - are planning major building work, including basement extension. It will be disruptive, particularly as I work at home… but we can’t complain, particularly as we did similar work a decade ago (before new neighbours moved in!)

Neighbours are lovely but do have a bit a tendency to be pushy to get exactly what they want at all costs, and also suffer a bit from ‘expert on everything’ syndrome 🤪

We knew they were planning for work to start at some point next summer, and had vaguely chatted about it. 2 days ago we get a sort of ‘gosh sorry, we simply didn’t realise our architect’s drawings were submitted for planning but they are on the council planning website now’ email from them.

They were submitted two weeks ago, and on the docs it says we have been ‘consulted’ on these plans - this simply isn’t true. When we did our work we were careful to go to all relevant neighbours with architectural plans BEFORE submission, so if there was anything they had issues with, we would amend accordingly.

I don’t know if this is simply bad manners, or if they’ve actually breached something here by claiming we’ve been consulted. Thoughts?

OP posts:
AnxiousPangolin · 20/12/2023 11:16

I would imagine that the council will consult you themselves.

hedgehoglurker · 20/12/2023 11:22

You are aware now, so review and object to the plans, if necessary. I would imagine that it was an oversight.

FoodCentre · 20/12/2023 11:26

If it's been submitted two weeks ago, consultation hasn't started survey? You'll get a letter soon.

Needapadlockonmyfridge · 20/12/2023 11:29

They are trying to pull a fast one, surely. They absolutely will have known that plans were submitted.

ClematisBlue49 · 20/12/2023 12:42

Yes, there's no way they wouldn't have known. The architect would not submit the plans without their agreement, and they would need to have paid the fee. I suspect that your neighbours are just thoughtless and forgot to mention it and are now trying to cover their tracks. It may make life easier to let them get away with the small lie, and then, assuming you have grounds, object to the plans when the council contacts you.

NB assuming it does go ahead, I would speak to them about making sure that the excavations are within set hours / not at weekends. I had something similar next door to me while working at home during Covid and it was absolute hell. Noise-cancelling headphones are essential, but ideally arrange to go to an office if you can.

colachive · 20/12/2023 18:12

Is it normal to tell your neighbours about your plans before they are submitted to the council? Surely that’s the point of the planning notice letter? Genuine question.

Our neighbours have kicked off about us submitting planning without speaking to them, but I didn’t realise it was a thing!

ChristmasPuddingAllRound · 20/12/2023 18:29

You should get a letter from the council. If not, contact the planning department and say that you have only just been made aware of the application and would like to comment on it....they may give you an extension of time if it has closed and you are a direct neighbour

PlipPlopChoo · 20/12/2023 19:05

Phone or better still email the council planning team and tell them you have not been sent a formal consultation. Ask to be given the full time period, whatever that might be, to consider your comments.

Email gives you proof that you told them.

DingDongBella · 20/12/2023 19:11

Telling neighbours is a curtesy not a legal requirement. It is a bit off that they state you have been consulted. The key is do you object to their plans and if so then get that complaint in online now that you know. I don’t think councils even inform neighbours anymore so just be grateful they told you.

CombatBarbie · 20/12/2023 19:16

Our council no longer notifies the direct neighbours 😔

Keepingthingsinteresting · 20/12/2023 20:15

colachive · 20/12/2023 18:12

Is it normal to tell your neighbours about your plans before they are submitted to the council? Surely that’s the point of the planning notice letter? Genuine question.

Our neighbours have kicked off about us submitting planning without speaking to them, but I didn’t realise it was a thing!

I mean, it’s only a thing if you’re a reasonable human being who wants to engage positively and keep a good relationship with your neighbours. If you’re going to plough ahead and are selfish, then not so much.

@Silkencat , yes, they will have known and they are trying to smooth the path by saying they have consulted with you. If it were me that would make me suspicious and I’d crawl all over them with a fine toothed comb. I would also point out in the fist line of your response that although the applications says you were consulted you were not.

colachive · 20/12/2023 20:17

But in our case, the extension has no effect on their property and won’t be visible from it at all. We had no idea they would need to be involved. Im really struggling to understand why that’s unreasonable!

cezannesapple · 20/12/2023 20:19

You can submit your comments (that you haven’t been consulted) and any objections and there should be a date this should be done by. If you don’t have enough time, contact them to see if you can extend the time for your submission. It’s always worthwhile talking to planning officers as a lot can be sorted out in a conversation.

LozengeShaped · 20/12/2023 22:16

Our council no longer notifies the direct neighbours
Which council is that? Is that even legal? How would you find out about any planning issues if they didn't notify you?

CombatBarbie · 20/12/2023 22:33

LozengeShaped · 20/12/2023 22:16

Our council no longer notifies the direct neighbours
Which council is that? Is that even legal? How would you find out about any planning issues if they didn't notify you?

South Ayrshire. Not sure about the legalities but I was fuming when I found out next door had planning authorised for a huge extension on a listed building. It directly impacts us.

Ruralrecluse · 20/12/2023 22:44

Our council doesn't notify either. Just puts a notice on the nearest lamp post to the works. Hence I check the council website every month to see anything round me.

LozengeShaped · 20/12/2023 22:46

Wow, I had no idea. Will check mine now!

ChristmasinBurrRidge · 20/12/2023 22:50

You have the opportunity to comment and raise any relevant material objections throughout the public consultation period and right up to the time of determination, along with every other member of the public.

Original poster
Silkencat · 20/12/2023 23:25

Thanks also much all! Two things here -

  1. I think it’s a quite a common courtesy to inform neighbours of plans (ideally showing and discussing architectural plans) before submission to council. It’s what we did with our building project and also has the advantage of not creating further work down the line, if there’s a problem/objection and plans need to be resubmitted.

  2. As it happens the council’s letter arrived today, but what I am more curious about is how the plans online (that were submitted 2 weeks ago) lists us as a ‘neighbour consulted’. Does this essentially mean ‘to be consulted’ - ie through the letter? Or have they been cheeky?!

OP posts:
MaggieFS · 21/12/2023 00:02

I think you'll need to get over the "common courtesy thing". There's no obligation to be told anything beforehand and it won't affect the outcome of the planning application.

With regards to them saying neighbours had been consulted, I am no expert but it feels a bit grey. It shouldn't affect an outcome, but if there's anything borderline, it's feasible the planners could think "well no one has objected so it's ok".

Unless there are fundamental things you need to object to, one route open to you is to comment.

For example

  • we would like it noted that contrary to xx point in the application, we were not consulted and had no visibility of the plans prior to submission to the council
  • whilst we do not object in principle, we would urge to council to consider the follow on factors e.g. frosted glass, or builders hours or anything else which might make the build and outcome more acceptable to you without outright objecting.
BasinHaircut · 21/12/2023 08:18

If you knew about the plan to extend (rather than had seen the actual plans) then they could technically say you had been consulted maybe?

Either way, you know the plans are up and have an opportunity to object if you like. But I don’t think that it says you were previously consulted and you don’t feel like you were is a reason to object to the plans our cause a fuss. Remember you still have to live next door to these people!

LozengeShaped · 21/12/2023 08:22

but what I am more curious about is how the plans online (that were submitted 2 weeks ago) lists us as a ‘neighbour consulted’.
If it's like our council website, this means that the council has sent a letter out to all the people listed as consultees. Or do you mean on the application form itself?

Alexalee · 21/12/2023 08:31

If they are going for the extended permitted development. Think 8m single story on a detached house they have to get neighbour approval.
Is this what they are going for?

Seeline · 21/12/2023 09:48

If you are in England, the onus is on the Council to consult, not the applicant. Many Councils are no longer sending letters - the legislation allows them to display a site notice on public land close to the application site.
I have never seen it declared as part of the application that neighbours have been consulted - this has no legal standing.
Objections/comments have to taken into consideration by the Council if they are received at any point before the final decision is made. They cannot make the decision until the expiry date on any consultation has expired, but that doesn't mean that subsequent comments are ignored if received after that expiry date. My advice would always be to submit as soon as possible.

Original poster
Silkencat · 21/12/2023 09:52

Hi again! Thanks - no, I’m not about to start objecting and yes, they do need planning for what they are going.

I guess I am trying to determine the level to which this hasn’t been well handled. There’s no legal obligation to show neighbours’ plans prior to submission- although this is what we did in an effort to be respectful to our neighbours years ago. I think it’s a bit off they didn’t do that (and then acted like they were surprised plans are now on council website /open for consultation). Also just the suggestion they ‘meant’ to chat through with us first but just didn’t find the time just seems like bullshit tbh - we have quite a lot of interaction with them on a day to day basis and the husband isn’t currently working, so overwhelmingly busy they are not!

So that is all just poor manners and disappointing, but then seeing ‘neighbours consulted - silkencat’ on the council website got my back up more, but I don’t know the exact process for this - ie are they claiming we HAD been consulted (not true), or is this simply underlining that we WILL be consulted/alerted by the council (true)?

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