Planning Help with Boundaries

[Laurence737]

Hi Everyone, we are planning a full length extension with a half second storey extension in our property, as we have a tapered garden the nearest point on our extension will only be 5m away from the boundary of our rear neighbours access road and drive (it is a bungalow and we cannot see into their garden.

 

I have attached a picture of the side with the two storey extension.  Do you think this would form grounds for the planning application to be refused or do you think they are likely to be ok with it as it will only be overlooking the access road and driveway?

 

Any help or advice would be greatly appreciated.

 

[Laurence737]

[ProDave]

I thought the overlooking issue was if one set of windows faces another. I doubt that applies in this case.

[Laurence737]

That's what we thought as the front windows of the rear neighbour will be roughly 90 degrees off our rear windows.  We were just concerned that we weren't getting the 7m from the rear boundary.

[DevilDamo]

What’s the relevance of the 7m? Is that your LPA’s residential design guidance? Overlooking is normally considered when looking into neighbours’ gardens and is usually the rear.

[Laurence737]

The 7m was just from the planning website for the permitted development.  So wondered if it would equally cause problems with our planning application?

 

Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary* opposite the rear wall of the house.

[DevilDamo]

Not necessarily as the two are completely un-related. The LPA should not raise any issues in terms of overlooking as it’s not normally considered for front gardens especially if the majority forms a driveway. They may obviously raise other policy concerns.

[Laurence737]

That's great thanks so much for your advice

[DevilDamo]

Not that it makes any difference, but there would appear to be a few PD rules you’d fail to meet anyway so there is in your case no PD fall back position should the LPA raise concerns via a formal application.

[Laurence737]

Yes we understand that we would definitely need to go down the PP route rather than PD, just hoping that the planners are kind and let us get on with it

 

Do you think its ever worth putting in a Householder Enquiry Form, or just put the formal planning application in? 

[DevilDamo]

Pre-application does have its pro’s and con’s. The LPA’a get out clause is their final statement, which is something along the lines of...

 

”This advice is that of the informal opinion of the Planning Officer and does not represent the formal decision of the Council.”

 

In other words, positive pre-app advice may not result in a positive outcome. I’ve had experience of both situations... positive pre-app but formal refusal and then negative pre-app but formal approval.

 

LPA’s do like to encourage applicants to engage in Pre-application advice prior to the formal submission of an application as it does help iron out any major issues or policy concerns.

[Laurence737]

Thanks a lot, really appreciate you sharing your experience ?