Privacy Rights For Plot With Expired Planning Permission

[Paralytic]

Hi,

We own a plot that previously had approved planning permission that has since expired (last year). As part of that approved plan, the house had to take neighbours privacy into account (eg, to ensure no overlooking from windows). There is an existing (occupied) house to the left side of the plot, and another plot on right hand side. That right hand side plot is owned by another party and also has historically had approved planning that has since expired (last year).

 

The plot on the right hand side now has a new planning application in process. Since we do not have a house on our plot, or an active  planning application in process (Covid has meant we've had to put our build on hold, but we do plan to pick it up again in future), we are not on the neighbour notification list.

 

What rights (if any) do we have with regards to asking/ensuring that the planners take our future privacy into account when considering this new application. Had we had a house in place, or  active planning submission being considered, I believe there would be some restrictions on window placement/transparency, as these restrictions were in place for the plans for both plots prior to each expiration.

 

We do not want to stop or hinder this build - i really like what they are planning on doing, but want to ensure we're protecting our own position for when we do come to build.

 

My initial thought was to write to the planners asking them to consider our position with respect to privacy/overlooking, whilst being generally positive about the prospect of the build, but thought i'd see if the experience on here would suggest otherwise.

 

Any thoughts on an approach? Is there anything anyone would recommend we do or consider?

 

We are in Scotland (in case that makes any difference)

 

 

[ProDave]

Well you should certainly make a representation to the planners that you intend to reinstate the planning on your plot and that this application in progress should be determined on the basis that there will eventually be a house on your plot and take that into consideration.

[Paralytic]

14 minutes ago, ProDave said:

Well you should certainly make a representation to the planners that you intend to reinstate the planning on your plot and that this application in progress should be determined on the basis that there will eventually be a house on your plot and take that into consideration.

 

Thanks, yes, that was my thinking. But, do I have any rights in this matter? ie. do they have to take that representation into account?

[nod]

I may be worth speaking to the plot owner and offering like for like 

ie Frosted glass on the sides facing each other 

[ProDave]

Is this application next door full or outline?

 

If full it should show the window positions so if any overlook your house site then you can object on the privacy issue, though as above it might be best just to speak to him and get him to amend the plans.

[Paralytic]

1 hour ago, ProDave said:

Is this application next door full or outline?

 

If full it should show the window positions so if any overlook your house site then you can object on the privacy issue, though as above it might be best just to speak to him and get him to amend the plans.

 

It is for full planning and the proposed house does have windows that would overlook our site, which is why I'd like to know if we have a right to suggest, eg, frosted glass and whether planners would have to consider that, or they could ignore it on the basis of us having no current residence or active planning in place. We're not ready to resubmit our plans yet.

Edited March 26, 2021 by Paralytic

[the_r_sole]

You can suggest anything you like but really, the planning officers can't give too much weight to a potential use of vacant ground (although they will consider the planning history of a site)

If it was me, I'd submit a planning application asap which will then make it a material consideration for the planners if there is a live proposal. 

[Paralytic]

18 minutes ago, the_r_sole said:

If it was me, I'd submit a planning application asap which will then make it a material consideration for the planners if there is a live proposal. 

 

Thanks. I guess that's what I was hoping what i'd not have to do, as it would beed to be resubmitted again (or at least materially changed) again in future.

[the_r_sole]

4 hours ago, Paralytic said:

 

Thanks. I guess that's what I was hoping what i'd not have to do, as it would beed to be resubmitted again (or at least materially changed) again in future.

 

If there's nothing live on the site then the there's no material consideration for a planner to account for.

If you flip it around, can you imagine if any planning application could be blocked or changed by some unknown future development on the next site? Nothing would ever get permission!

[Temp]

Meanwhile write anyway. Mention your expired PP and that you intend to renew it. It's up to them how much consideration they give it if any.

 

[Paralytic]

Thanks all, that confirms what my thinking was.