Planning Concern

[0720SD]

Hi All,

 

Hope you're well.

 

I am in the process of potentially purchasing a new property. It is a semi detached bungalow and the bungalow it is attached to has extended out the back (Single Story).

 

When I went to view the property, the extension was nearly complete but I have since found out that planning has now been applied for. I have looked through the plans and my only worry is there are two frosted half opening windows on the side aspect effectively looking over my garden.

 

My worry is, would I be able to build the same extension, effectively blocking out frosted window light of next door?

 

Am happy to provide the planning application link if the above doesnt make sense.

 

Many Thanks

 

Edited January 6, 2021 by 0720SD

[ProDave]

If the planning has only just been applied for, then go and object to it NOW on the basis of invading privacy of the neighbours garden.

[Temp]

Hello, I'm your new neighbour, thanks for the flowers, oh by the way I've just objected to your planning application... thats what I call getting off to a good start  ?

 

[Temp]

4 hours ago, 0720SD said:

My worry is, would I be able to build the same extension, effectively blocking out frosted window light of next door?

 

Presumably they have just discovered a reason why they need to apply for retrospective planning permission. It means your identical extension would probably need planning permission as well and could face difficulty due to their windows.

 

However it might be possible to build a smaller extension without needing planning permission using permitted development rights. Typically you can extend back 3m if its a semi but check if PDR has been removed or modified when your house was built.  Look for planning conditions in the planning grant.

 

Is their extension right on the boundary?  How near is it and does anything overhang like gutters?

 

 

Edited January 6, 2021 by Temp

[jack]

This situation would put me off buying unless I was desperate. I wouldn't want to share a building with someone willing to:

• build an extension without the required planning permission
• worse, put a window right onto my garden in such a way as to prevent me from extending by the same amount.

[joe90]

Post the planning link, we need more info.

[0720SD]

20 hours ago, joe90 said:

Post the planning link, we need more info.

Hi All, planning appilication below

https://www1.arun.gov.uk/planning-application-finder/details?reference=R/234/20/HH

[0720SD]

20 hours ago, Temp said:

 

Presumably they have just discovered a reason why they need to apply for retrospective planning permission. It means your identical extension would probably need planning permission as well and could face difficulty due to their windows.

 

However it might be possible to build a smaller extension without needing planning permission using permitted development rights. Typically you can extend back 3m if its a semi but check if PDR has been removed or modified when your house was built.  Look for planning conditions in the planning grant.

 

Is their extension right on the boundary?  How near is it and does anything overhang like gutters?

 

 

Hi Temp,

 

I added link above.

Edited January 7, 2021 by 0720SD

[joe90]

1 minute ago, 0720SD said:

Is their extension right on the boundary?  How near is it and does anything overhang like gutters?

Block plan shows 200mm away from boundary. 

[0720SD]

2 minutes ago, joe90 said:

Block plan shows 200mm away from boundary. 

Hi Joe,

 

Yes agreed, however when I viewed the property it was much tighter than that.

 

Can I put that on the objection and asked for it to be looked at?

 

It's the frosted windows and potential unable to extend that worry me also?

 

Edited January 7, 2021 by 0720SD

[joe90]

Just now, 0720SD said:

It's the frosted windows and potential unable to extend that worry me also?

Yes, just been looking, photos show high level windows in frosted glass. I think you need to decide if you would ever want to extend the same, if so you need to object (IMO). I installed windows in a property much the same on the boundary but it was a neighbours drive so not a problem. 

[ToughButterCup]

On 06/01/2021 at 08:50, 0720SD said:

...

My worry is, would I be able to build the same extension, effectively blocking out frosted window light of next door?

....

 

You might.

And if there's a  'might'  in the works, then that'll affect the price. Until there is full Planning Permission, then despite whats on the ground, there is no extension.

[0720SD]

22 minutes ago, joe90 said:

Yes, just been looking, photos show high level windows in frosted glass. I think you need to decide if you would ever want to extend the same, if so you need to object (IMO). I installed windows in a property much the same on the boundary but it was a neighbours drive so not a problem. 

It wouldn't be something we'd do straight away it would potentially be the sell on value at a later date should the next person want to do the same?

[0720SD]

16 minutes ago, ToughButterCup said:

 

You might.

And if there's a  'might'  in the works, then that'll affect the price. Until there is full Planning Permission, then despite whats on the ground, there is no extension.

Thanks. I feel we've purchased for a good price and if we only went out 3m under permitted planning, I think this would surfice. As I say above, it would be more if the people buying it from us would want to do the same.

[joe90]

Frankly I would be surprised if it passed planning with those windows as it inhibits you from doing the same.

[0720SD]

10 minutes ago, joe90 said:

Frankly I would be surprised if it passed planning with those windows as it inhibits you from doing the same.

Thanks Joe, that is kind of what I thought although my knowledge is minimal.

 

In terms of raising an objection, wise? Or risking stones thrown at my window as a welcome present?

 

[joe90]

6 minutes ago, 0720SD said:

Or risking stones thrown at my window as a welcome present?

You never know what people are like, perhaps a friendly call to the planners (if they are taking calls) to get their take on it.

[0720SD]

4 minutes ago, joe90 said:

You never know what people are like, perhaps a friendly call to the planners (if they are taking calls) to get their take on it.

Hi Joe,

 

Managed to chat to the planner yesterday and was helpful.

 

His opinon was 'off the record' he didn't feel my application would be rejected due to light coming in from other doors/windows but at the same time said planning can be a first come first served thing. He wasn't commital on the rejection of the application due to the windows which wasn't ideal.

[Ferdinand]

48 minutes ago, joe90 said:

Frankly I would be surprised if it passed planning with those windows as it inhibits you from doing the same.

 

You have not said whether you are committed to the purchase.

 

I don't think "preventing you from doing the same" is sufficient to refuse in planning terms, as there is no other obvious major extant violation.

 

But I think that that would fail to get PP because of the 8" clearance, if it had been objected to - they would have made them go back to perhaps 1m or 800. The sellers have been fools.

 

However now it is built, I think they will assess granting PP as expedient as the loss to the neighbour is less in the balance than the cost of forcing demolition.

 

In your case I would:

 

1 - Refuse to move further in negotiations until the outcome is known, unless there is a price reduction of 7-10% as a risk lack-of-premum. If you have already offered but not signed, then imo discovering this on visit is enough to gazunder them.

2 - Take into account that slowdown is expected when the Stamp Duty bung expires in April, and use that as a lever.

3 - Or walk away. Prices are generally expected to slump after April 1st, so there may be a better option around.

 

Personally I think it is likely they did it deliberately, and they knew damn well they would struggle, but you have to evaluate them as you find them.

 

You could put a full 2m high fence there, which would mitigate significantly. It is also to the N so will not cause extra shadow.

 

I think your extension may get PP, but I would leave a bigger gap to the boundary.

 

F

 

[0720SD]

24 minutes ago, Ferdinand said:

 

You have not said whether you are committed to the purchase.

 

I don't think "preventing you from doing the same" is sufficient to refuse in planning terms, as there is no other obvious major extant violation.

 

But I think that that would fail to get PP because of the 8" clearance, if it had been objected to - they would have made them go back to perhaps 1m or 800. The sellers have been fools.

 

However now it is built, I think they will assess granting PP as expedient as the loss to the neighbour is less in the balance than the cost of forcing demolition.

 

In your case I would:

 

1 - Refuse to move further in negotiations until the outcome is known, unless there is a price reduction of 7-10% as a risk lack-of-premum. If you have already offered but not signed, then imo discovering this on visit is enough to gazunder them.

2 - Take into account that slowdown is expected when the Stamp Duty bung expires in April, and use that as a lever.

3 - Or walk away. Prices are generally expected to slump after April 1st, so there may be a better option around.

 

Personally I think it is likely they did it deliberately, and they knew damn well they would struggle, but you have to evaluate them as you find them.

 

You could put a full 2m high fence there, which would mitigate significantly. It is also to the N so will not cause extra shadow.

 

F

 

Hi F,

 

Thanks for the above.

 

Apologies, to add some context, not at exchange point as yet so your points above are noted and wasn't something I had thought of.

 

Another point, I've spoken with the estate agents yesterday morning and I've asked them for the sellers to reject which they have agreed to. Is it worth also rejecting based on potential purchase or does that carry little weight?

 

Noted on the 2m fence, wasn't aware of this also. Appreciate all the help.

 

[joe90]

56 minutes ago, 0720SD said:

Another point, I've spoken with the estate agents yesterday morning and I've asked them for the sellers to reject which they have agreed to.

Good point.

[Ferdinand]

1 hour ago, 0720SD said:

Hi F,

 

Thanks for the above.

 

Apologies, to add some context, not at exchange point as yet so your points above are noted and wasn't something I had thought of.

 

Another point, I've spoken with the estate agents yesterday morning and I've asked them for the sellers to reject which they have agreed to. Is it worth also rejecting based on potential purchase or does that carry little weight?

 

 

Sellers to reject what?

 

(Or do you mean object?)

[0720SD]

13 minutes ago, Ferdinand said:

 

Sellers to reject what?

 

(Or do you mean object?)

Sorry F, object to the planning yes.

 

Is there any weight in me doing the same?

 

Looking at the planning application, I do think the 2m fence would cover any privacy issue in the interim?

 

 

[Ferdinand]

The 2m fence is something that anyone can do on any boundary at the back, subject to covenants in the deeds etc.

 

Anyone is free to object.

[joe90]

Not sure you can object if you don’t live there or own it?, one picture on the planning website shows a wall and fence best part of 2 meters but can’t see if it extends all the way down the new extension.