Sara

Hi new member, help with 45 degree & other neighbours planning issues

Recommended Posts

Hi all I’m Sarah and I’m in need of help before consulting a solicitor if that’s what I need to do! 

my next door neighbour has put forward plans for a large extension. They are tenants in a housing association property and the association are funding the extension as he has a disability and allegedly  requires full accessible access ramps/hoists etc.. but funnily enough a shower over bath  is factored into the plans. 🤔


the proposal extends along my boundary by 10m and is a single story extension that breaks the 45 degree rule, will have a massive effect on the light that comes into my house as it will sit just under the bottom of the top window and will affect my property price massively It is so large and imposing. 
 

I have consulted  my own architect I’ve previously 3 months ago had plans drawn for a double story side extension 
myself but had been waiting for results from my own MRI to make a decision if I needed to change my own plans to accommodate my own health issues. And as I need two spinal ops who knows my own needs in the future. 
 

apart from all of the above they also have proposed a parking space in front of my house they already have a driveway they don’t use and outside their own property.
I have opposed the plans but it’s a waiting game now and I am so stressed out about it. 
Other people have also opposed the plans but in all fairness it’s because they don’t like him not for any real reason to do with the house. 
 

so my question is , is the 45 degree rule still applicable to extensions specifically for disabled people ? they are telling me it doesn’t apply to them. 
will my own  plans be affected? 

will they take into account my own disability (I have offered to provide medical evidence) 

Am

i better asking a solicitor to take this forward ? I really can’t afford to but neither can I afford to take the drop in my property price as this will have a massive impact! 

thank you in advance 

 

Share this post


Link to post
Share on other sites

Good morning and welcome, do you have any drawings or sketches so we can see a bit clearer?

a disability build can ease planning through but does not give someone a free pass.

 

  • Thanks 1

Share this post


Link to post
Share on other sites

ok, doesn't matter if they are disabled, have a bath on the plans or from mars. Planning laws are same.

 

Ask the planning officer about the 45 degree rule, he will maybe ask the applicant to provide a drawing showing where it lies. If he doesn't use your local councillor.

 

If they own the land in front of your house then it seems reasonable to use it as parking ?

 

Don't object to 'makes my house worth less' it irrelevant and will be ignored by the planners.

 

Your ability/disability is also irrelevant to planning. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Thank you for your responses 

 

drawing below 

7D8690BF-0A74-4EF6-9D34-C0ECB6FF6AA3.jpeg

Share this post


Link to post
Share on other sites

 

“If they own the land in front of your house then it seems reasonable to use it as parking ?“

 

it’s the curb side on a public road not owned by the owners of the house 

Share this post


Link to post
Share on other sites
Just now, Sara said:

 

“If they own the land in front of your house then it seems reasonable to use it as parking ?“

 

it’s the curb side on a public road not owned by the owners of the house 

 

in that case they couldn't apply for planning permission to use it as they don't own it.

Share this post


Link to post
Share on other sites

This is the 45 degree rule drawing my architect did for me 

F9A8FEB1-C845-4966-9F14-203B1D77A57F.png

Share this post


Link to post
Share on other sites
2 minutes ago, Dave Jones said:

 

in that case they couldn't apply for planning permission to use it as they don't own it.

It’s on the plans and supporting write up and says they need it as it’s going from a 2 bed to a 3 bed ? 

Share this post


Link to post
Share on other sites

The architect 'should' know the law on this unless they are just taking your money!

 

Find out who the planning officer is dealing with the application, send him the drawing and have a conversation. Don't mention any of the house value, don't like it, they don't need a bath etc as none of that matters.

 

If you get the run around find your local councillor and have them do the chasing, they are quite good sometimes.

  • Thanks 1

Share this post


Link to post
Share on other sites
1 minute ago, Sara said:

It’s on the plans and supporting write up and says they need it as it’s going from a 2 bed to a 3 bed ? 

 

again it doesn't matter if they don't own it. Highways would need to allow them to use it (which they may if its a council house). Ask the planner when you have the conversation later.

  • Thanks 1

Share this post


Link to post
Share on other sites

When considering a planning application the planners are officially only allowed to consider "valid planning reasons" for refusal or rejection. This doesnt include things like the impact on the value of your house or loss of a view. It doesnt directly include an individuals need but may do so if they can show there is a lack of suitable housing in the area to meet their need - which is usually the case when someone is disabled or from certain other minority groups.

 

Forget a solicitor as there is nothing they can really do. If you want to fight it i would spend money on a planning consultant. Remember you only have a limited time to object. Once approved there is really nothing you can do in practice.

 

Unless they block your driveway they can park where they like. Consider making an application for a dropped kerb to widen your driveway? 

 

 

 

 

  • Thanks 1

Share this post


Link to post
Share on other sites

All of the above is sound advice, here’s where you are probably going to hate me: reading between the lines I get the feeling the real problem is that they got their planning in first and you are feeling a bit miffed, in which case take a step back, deep breaths and logical head back on.

it is reasonable for people to want to make the most of their properties, and had you applied for planning you wouldn’t like someone to object to your plans and ideas.

that aside. Any addition to a building is likely to have an adverse effect on neighbouring properties, but planners are people, speak to them with your concerns.

Share this post


Link to post
Share on other sites
7 minutes ago, Temp said:

When considering a planning application the planners are officially only allowed to consider "valid planning reasons" for refusal or rejection. This doesnt include things like the impact on the value of your house or loss of a view. It doesnt directly include an individuals need but may do so if they can show there is a lack of suitable housing in the area to meet their need - which is usually the case when someone is disabled or from certain other minority groups.

 

Forget a solicitor as there is nothing they can really do. If you want to fight it i would spend money on a planning consultant. Remember you only have a limited time to object. Once approved there is really nothing you can do in practice.

 

Unless they block your driveway they can park where they like. Consider making an application for a dropped kerb to widen your driveway? 

 

 

2 minutes ago, markc said:

All of the above is sound advice, here’s where you are probably going to hate me: reading between the lines I get the feeling the real problem is that they got their planning in first and you are feeling a bit miffed, in which case take a step back, deep breaths and logical head back on.

it is reasonable for people to want to make the most of their properties, and had you applied for planning you wouldn’t like someone to object to your plans and ideas.

that aside. Any addition to a building is likely to have an adverse effect on neighbouring properties, but planners are people, speak to them with your concerns.


You will be very lucky if planners pick the phone up 

Our charge £150 to ask a question via email 

Share this post


Link to post
Share on other sites
2 minutes ago, markc said:

All of the above is sound advice, here’s where you are probably going to hate me: reading between the lines I get the feeling the real problem is that they got their planning in first and you are feeling a bit miffed, in which case take a step back, deep breaths and logical head back on.

it is reasonable for people to want to make the most of their properties, and had you applied for planning you wouldn’t like someone to object to your plans and ideas.

that aside. Any addition to a building is likely to have an adverse effect on neighbouring properties, but planners are people, speak to them with your concerns.


 

im not miffed about them “getting in first” at all I am upset that they have mislead me with what they were having done as she told me it was 6m and slightly higher than the 6ft fence. which in all fairness I may not have objected to 

 

my own plans wouldt have affected either neighbours who I knew both had extensions in mind and I was originally of an attitude it will be great for all parties it’s really not about sour grapes. 
I do have a concern with my own Heath as I now need two spinal operations and I’m really concerned about the impact any future build will have on my own building needs - if that makes sense 

Share this post


Link to post
Share on other sites

In your planning objection make sure you ONLY put material planning concerns, i.e. don't mention the value of your own property or your personal current or future circumstances as it will be ignored, sadly.

The reason for this is because as far as the planners are concerned you won't occupy your house forever, you might move house next week, they consider future inhabitants of your property too. 

 

The points you or someone you live with can push are: the 45 degree rule,  overlooking/loss of privacy, loss of sunlight  if this will actually be the case (check the light path/shadow studies), overbearing/overwhelming, loss of outlook (but not change/loss of views), potentially you can object on disabled persons access grounds if you are disabled, or any design/appearance/character changes from the street view, potential traffic generation/parking if this can be proven.

 

Good luck and do try and only mention what are valid planning objection grounds. 

Edited by cowsgomoo

Share this post


Link to post
Share on other sites
On 13/10/2021 at 03:16, Sara said:

...

so my question is , is the 45 degree rule still applicable to extensions specifically for disabled people ? 

...

will my own  plans be affected? 

will they take into account my own disability (I have offered to provide medical evidence) 

Am i better asking a solicitor to take this forward ?

I really can’t afford to but neither can I afford to take the drop in my property price as this will have a massive impact! 

...

 

Yes the 45 degree rule always obtains

No, they shouldn't because the 45 degree rule will have been applied

No, the relevance of disability is very limited in planning terms : external ramps , handrails

Solicitors are a waste of money: their opinion must be based on the logic which applies to everyone else.

 

Here's some help in drafting planning objections.

Share this post


Link to post
Share on other sites

Here is a document with a list of material planning considerations.

 

"Loss of amenity" can cover a lot of things.

 

When does your comment period expire?

(Work to that, but remember they have to take everything into account that arrives before the decision is taken.)

 

Personally I would suggest enngaging a Planning Consultant, but be clear about what you want and what their brief is.

Material Planning Considerations.pdf

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now