Paris22 Posted September 8, 2020 Share Posted September 8, 2020 I would really appreciate some help as I feel that we’ve reached a dead end and we don’t know how to move forward. We submitted a planning application to our council twice for a 6 metre depth x 3 metre high rear extension and was refused twice due to an objection from a neighbour. Our two adjoining neighbours on either side of us, who would be most affected have both supported our extension. We learned today that a neighbour who’s garden backs onto ours who is not affected in any way has objected. Only because the planning officer told us that he cannot tell us but that we should speak to our neighbours to see if there are any issue. So my husband knocked on the neighbours door and He told my husband that he objects due to a grudge 10 years ago when he erected a 3.7 metre high summer house on our boundary (his house backs onto ours) that we objected to. He did this without obtaining the councils approval and as all the neighbours collectively objected he was forced to make changes to appease everyone. We only became aware when it started going up. He told my husband that this was payback and it’s just the way the cookie crumbles. We spoke to our planning officer that said if a neighbour objects then they have to refuse the application on that basis and that’s the law. I have no idea what to do next. This man has had a loft conversion, an 8 metre extension and a side extension that we never raised any objection to as does not affect us at all. He has a 150 foot garden and decided to put the summer house on our back fence. We also have a 100 foot garden so our extension will no way be in his view or affect him in any way. my husband asks him to kindly reconsider but he said tough that’s how it goes, we should learn our lesson. Our elderly neighbour was very shaken up about his “summerhouse” and she sadly passed away 5 months later. Where can I go with this? Is it just tough? Or can I do something about it? Any advice will be greatly appreciated. Thank you Link to comment Share on other sites More sharing options...
the_r_sole Posted September 8, 2020 Share Posted September 8, 2020 submit a planning application for the extension, if the objections aren't valid planning objections the planning officers won't take them on board - but that should also be the case on the prior notification scheme...? what is the nature of the objection? 1 Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 Thanks for your reply. formally it’s extension not in keeping with area. garden will become smaller and may cause privacy issues extension too big and not in keeping with the area (he has a 8 metre rear extension) but informally he told my husband yes doesn’t affect us but it’s payback and that’s the way the cookie crumbles. He said all the neighbours must learn their lesson. Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 We had a long conversation with the planning officer who said it’s unfair but on neighbour consultation an objection is enough. Link to comment Share on other sites More sharing options...
joth Posted September 8, 2020 Share Posted September 8, 2020 22 minutes ago, Paris22 said: Where can I go with this? Is it just tough? Or can I do something about it? Ask the neighbour what their price is to remove the objection. Most people will have a £ price that will change their mind. 1 1 Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 Are you serious? ? my husband asked him to try and be a kind neighbour. Why are people so spiteful and go about things in a very inconsiderate way? I’m convinced he stressed my neighbour to death. Link to comment Share on other sites More sharing options...
Bitpipe Posted September 8, 2020 Share Posted September 8, 2020 9 minutes ago, Paris22 said: We had a long conversation with the planning officer who said it’s unfair but on neighbour consultation an objection is enough. I don't buy that - every neighbour on our street, including one who is a conveyancing solicitor and quite knowledgeable, objected. LA rebutted all of their concerns and raised their own reasons for rejection, which we were able to address. Is this a full planning application or is this permitted development? Link to comment Share on other sites More sharing options...
Onoff Posted September 8, 2020 Share Posted September 8, 2020 31 minutes ago, Paris22 said: He has a 150 foot garden and decided to put the summer house on our back fence. If within 2m of the boundary I think it needs to be less than 2.5m in height? Check and if it's more (higher) suggest you'll make him apply for retrospective planning permission! ? Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 5 minutes ago, Bitpipe said: I don't buy that - every neighbour on our street, including one who is a conveyancing solicitor and quite knowledgeable, objected. LA rebutted all of their concerns and raised their own reasons for rejection, which we were able to address. Is this a full planning application or is this permitted development? This is a neighbour consultation scheme application. This is what the officer told us, he even said if you resubmit it and we get no objections it will go through fine. The guy who objected told my husband that he’s done his research and knows that without an objection he knows we’ll never get it. Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 5 minutes ago, Onoff said: If within 2m of the boundary I think it needs to be less than 2.5m in height? Check and if it's more (higher) suggest you'll make him apply for retrospective planning permission! ? You are allowed up to 3.9. What is retrospective planning permission? Link to comment Share on other sites More sharing options...
Bitpipe Posted September 8, 2020 Share Posted September 8, 2020 Just now, Paris22 said: This is a neighbour consultation scheme application. This is what the officer told us, he even said if you resubmit it and we get no objections it will go through fine. The guy who objected told my husband that he’s done his research and knows that without an objection he knows we’ll never get it. You'll need to bite the bullet and go for full PP then (unless PD is an option) and unless grounded in planning policy, neighbour objections are politely ignored. Link to comment Share on other sites More sharing options...
Onoff Posted September 8, 2020 Share Posted September 8, 2020 Just now, Paris22 said: This is a neighbour consultation scheme application. This is what the officer told us, he even said if you resubmit it and we get no objections it will go through fine. The guy who objected told my husband that he’s done his research and knows that without an objection he knows we’ll never get it. Go and have another conversation with the twat and record it. Post all over FB if he wants to play dirty and vindictive. 1 Link to comment Share on other sites More sharing options...
Bitpipe Posted September 8, 2020 Share Posted September 8, 2020 Just now, Onoff said: Go and have another conversation with the twat and record it. Post all over FB if he wants to play dirty and vindictive. I disagree - revenge best served cold. Go get formal planning permission and build what you are legally entitled to. 4 Link to comment Share on other sites More sharing options...
Onoff Posted September 8, 2020 Share Posted September 8, 2020 (edited) 11 minutes ago, Paris22 said: You are allowed up to 3.9. What is retrospective planning permission? 3.9m? Link to random site but pretty sure it's correct: https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings Retrospective pp is when you build something you didn't have permission for, somebody grasses you up and you have to apply properly and hope the council don't make you bulldoze it! ? Edited September 8, 2020 by Onoff Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 9 minutes ago, Bitpipe said: I disagree - revenge best served cold. Go get formal planning permission and build what you are legally entitled to. My husband said they were very stern mean individuals. I’m not sure they’ll change their mind. They’ve lived behind me for 11 years and I’ve never even met them. Link to comment Share on other sites More sharing options...
Onoff Posted September 8, 2020 Share Posted September 8, 2020 10 minutes ago, Bitpipe said: I disagree - revenge best served cold. Go get formal planning permission and build what you are legally entitled to. I'm turning into Victor Meldrew in my old age. Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 2 minutes ago, Onoff said: 3.9m? Link to random site but pretty sure it's correct: https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings Retrospective pp is when you build something you didn't have permission for, somebody grasses you up and you have to apply properly and hope the council don't make you bulldoze it! ? Basically what happened to him then? ? yes it’s a larger extension scheme, maybe 3.7 sorry Link to comment Share on other sites More sharing options...
Onoff Posted September 8, 2020 Share Posted September 8, 2020 Just now, Paris22 said: Basically what happened to him then? ? yes it’s a larger extension scheme, maybe 3.7 sorry There's rules for outbuilding sizes. Worth reading up and seeing if hes flouted any. Suggest they might like to go through the process again... Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 Just now, Onoff said: There's rules for outbuilding sizes. Worth reading up and seeing if hes flouted any. Suggest they might like to go through the process again... After he messed up council got involved and he had to move it, repaint it. Plant trees at the boundary and all sorts. It was 10 years ago now. Now you see why he hates all the neighbours, as everyone was offended by it. They are just rude people. Their kids used to swear at my toddlers through a hole in the fence. Just so you can get an idea. Link to comment Share on other sites More sharing options...
ProDave Posted September 8, 2020 Share Posted September 8, 2020 What planning reason did they give for refusal? If there is no valid planning policy reason, and they refuse, then take it to appeal. Have you actually applied twice and been refused? It sounds like it is very close to permitted development limits anyway so could you scale it down very slightly and do it under permitted development? Link to comment Share on other sites More sharing options...
pdf27 Posted September 8, 2020 Share Posted September 8, 2020 52 minutes ago, Paris22 said: We had a long conversation with the planning officer who said it’s unfair but on neighbour consultation an objection is enough. This scheme? https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note-larger_home_extension.pdf An adjoining neighbour has objected, so you need prior approval. Fair enough. However, that only means the planners need to determine that the effect on adjacent properties is not "acceptable" to refuse you. What reasons did they give for this? Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 6 minutes ago, ProDave said: What planning reason did they give for refusal? If there is no valid planning policy reason, and they refuse, then take it to appeal. Have you actually applied twice and been refused? It sounds like it is very close to permitted development limits anyway so could you scale it down very slightly and do it under permitted development? Yes we have applied twice. The reasons are extension too big (he has an 8 metre extension) likely to make our garden smaller and may create privacy issues. Not in keeping with the area. Yes we could but we were saving our permittee development for our loft conversion. Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 6 minutes ago, pdf27 said: This scheme? https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note-larger_home_extension.pdf An adjoining neighbour has objected, so you need prior approval. Fair enough. However, that only means the planners need to determine that the effect on adjacent properties is not "acceptable" to refuse you. What reasons did they give for this? None they said they don’t need to, that an objection is enough. Sadly I’m not a planning lawyer so really don’t know. Link to comment Share on other sites More sharing options...
Ferdinand Posted September 8, 2020 Share Posted September 8, 2020 (edited) I would say you have 3 options to get this done. 1 - Reduce it to the size that is permitted Development. 2 - Persuade the neighbour. 3 - Go for full PP then if necessary Appeal if you think there are no relevant planning objections (I don't think there are based on what you have said) I would not worry about 2 and go for one of the others. As an aside you could take the Council through the complaints process (will take a lot of work and time and not get it built), or make them obey the law and do an evaluation of amenity before making a decision (talk to your local Councillor about them not following the process?). It may help to FOI for the evaluation using the bit of policy or law that requires it first. F Edited September 8, 2020 by Ferdinand 1 Link to comment Share on other sites More sharing options...
Paris22 Posted September 8, 2020 Author Share Posted September 8, 2020 2 minutes ago, Ferdinand said: I would say you have 3 options. 1 - Reduce it to the size that is permitted Development. 2 - Persuade the neighbour. 3 - Go for full PP then if necessary Appeal if you think there are no relevant plannning objections (I don't think there are based on what you have said) I would not worry about 2 and go for one of the others. F Thank you that is very helpful advice. 1 Link to comment Share on other sites More sharing options...
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