Ground floor extension on property with two flats and two shared freeholders

[Ancly]

Briefly, my neighbour has shared freehold of a building which is two maisonettes. He lives upstairs. New downstairs neighbour with the other share of the freehold has put an application in for an extension. Upstairs oppose, as do I.

As I understand it both parties need to agree, but they don't. He has said no to three different plans yet she has put an application in to the council.

This extension will take up probably two thirds of their back garden. They have a front garden used for parking.

Upstairs will now be looking out onto the roof of the extension and I think that it may devalue his property.

The small portion of garden left will be adjacent to my bedroom window, so when they have guests round they will only be able to sit outside in the small portion or garden, with the new extension wall bouncing the sound towards me. A bit nimby but they aren't the quietest people and the prospect of a summer of BBQs in the 3x3m 'courtyard garden' remaining does not fill me with glee.

Is there a legal precedent about extensions in shared freehold properties?

[Mr Punter]

They will need planning consent as there are no PD extension rights for flats.

 

You can object to the planning but if you don't have a valid planning reason (such as overshadowing, overlooking etc) it will still be consented and will sour relations between you and the applicant.

 

As long as there is nothing in the lease preventing the ground floor leaseholder extending their property and assuming the land is within their lease, I doubt the share of freehold will prevent it happening either.

[Ancly]

Thanks,

 

 

Upstairs and downstairs are firmly fallen out already. When he goes into his garden if it goes ahead, he will be able to sit a metre from their new kitchen window.  It will be original building, extension, c1m gap then his garden!

 

It's been let for 20 years and all the tenants have been great. We are 4 pairs of maisonettes in a secluded lane so interneighbourly dynamics are probably more defined than in a road of 30 houses where you can pick and choose who you get on with 

 

Is there an official list of valid reasons that are actually taken into account by planning officers? Lots of people think they know but I'm struggling to find something official.

[DevilDamo]

This list is not exhaustive but it gives an idea of the sort of things that would be classed as a material planning consideration.

• Car parking provision.
• Design, including appearance, layout, scale, density and materials.
• Highway safety issues and/or traffic generation.
• Impact on important trees.
• Impact on the character or appearance of a Conservation Area or a Listed Building.
• Local drainage or flooding issues.
• Planning policies and guidance.
• Loss of important open spaces or community facilities.
• Noise disturbance, smells, obtrusive lighting or other impacts on amenity.
• Overdominance, overshadowing and loss of light.
• Proposed landscaping.
• The planning history of a site.

[Ancly]

Thank you. 

Smells for example then....they aim to have the kitchen in the extension at the back. All the other maisonettes have kitchens at the front, so would smells be a reasonable objection here (a neighbour could then have smells from other neighbours at both front and back windows etc) or would the argument be that you can have your kitchen wherever you want it?

Edited April 9, 2021 by Ancly
Clarifying a sentence

[DevilDamo]

Smells may be more aimed towards non-residential developments.

[Ancly]

Thanks. 

[the_r_sole]

The ownership or any title deed restrictions are nothing at all to do with planning permission, the planning department only consider planning issues - the best bet in this scenario is to get a solicitor to establish that the need an agreement with the other party to build, and then tell them that - it's possible to get planning permission for something that is unable to be "legally" built (I've had this on a couple of projects!)

[Temp]

On 09/04/2021 at 15:32, Ancly said:

This extension will take up probably two thirds of their back garden. They have a front garden used for parking.

 

Sometimes the planners will refuse an application if more than half of the original garden will end up built on. In fact the rules on Permitted Development say a planning application  is needed if..

 

.. as  a  result  of  the  works,  the  total  area  of  ground covered  by  buildings  within the  curtilage  of  the  dwellinghouse  (other  than  the  original  dwellinghouse) would  exceed  50%  of  the  total  area  of  the curtilage  (excluding  the ground  area of  the  original  dwellinghouse)

 

So you should check if more than 50% will be built on and if so one objection might be.. "Over development - more than half the area of original garden will end up built on."

 

On 09/04/2021 at 20:57, Ancly said:

Upstairs and downstairs are firmly fallen out already. When he goes into his garden if it goes ahead, he will be able to sit a metre from their new kitchen window.  It will be original building, extension, c1m gap then his garden!

 

Can he put up a fence ?