Fighting a planning application

quote:

PS I won't even go into the fact that from the submitted plans the building will encroach on our land by 50cm!!!

This is your first and biggest asset.

The planning authorities cannot approve an application that encroaches onto your land.

Even if the planned building did not encroach on your land, you would be able to object on the "right to light" issue i.e. it would deprive your land of sunlight to an unacceptable degree.

I doubt you have a right to put things on others property (lights) and could be sued for damage to their property - unless of course they consented.

This will probably sound very negative (sorry!) but apart from encroachment on your land I think you will have absolutely no chance of success in opposing this. Bitter experience here in Reading tells me that even though the local council may be 100% behind you, Prescott's Gestapo will prevail. Everyone's garden is now a brownfield site ripe for throwing up a few 'executive style apartments'. The best you can do is put in objection after objection which will probably delay the inevitable by a year or so.

Boot them out! - although I have no confidence that the tories will be any better.

Regards

Dave

I think it depends to a degree on your local district council, & how "fussy" they are.
From our experience, when we planned our house extension, I asked the local planners about things to avoid, & they did mention land encroachment,significant change of outlook for any neighbours,& loss of sunlight for any of our neighbours, amongst others.
It may be prudent to have a conversation with the neighbours involved to see if an amicable decision can be reached between you. Invite them to look at the project from your property. If nothing else, it shows that you have tried to discuss the problem in a reasonable manner before jumping in with the big guns.
matt.

We have not long finished a two storey extention on the existing boundry - we found the party wall act (used to be a department run by 2 jags)

http://www.communities.gov.uk/

Have a good look through this - it is thier to protect both parties and not get to many legal fees envloved -

In essence the boundries as set down in the deeds of the property are now joint and both parties have a right to build or object to building - Ours went through OK - also as a footnote a lot of local planning has more control than the town plan - so also make a bee line for your local planning department - they can be very helpfull and again work through the issues with you

I'm not sure about the best way to defeat this, but from my own recent experience the fact that your land is involved may not stop permission.

A piece of land to the rear of the estate on which I live had a planning application put on it which was granted. In order to build the developer needed to negotiate with the estate to purchase a piece of our unused land (3m. x 7m.) outside our fence boundary. We were happy to oblige ... for a kings ransom!

So AFAIK you can get planning consent on someone elses land. To act on the consent would then require you to purchase the land if you could.

During the negotiations the way that I was able to get the best price for the estate was the fact that without this land they would not have enough "amenity land", required by local bylaw, to enable the property to be developed as residential as opposed to commercial. With a lot more profit in the former they conceded to my demands. It may be worth checking out your local regs and looking at thier overall footprint.

Duncan

Jonathan,

Your entiltled to a set of plans due to the circumstances, get a set of plans and look at the following:

1- Loss of natural light.(The council use something called the 45 degree rule - whether this applies to you?.) Take some photos. it always helps - the before and after syndrome.
2- Loss of privacy (Are there any new windows which will overlook your property/privacy, if so object first and if that fails ask them to be obscure glass and non opening.
3 - Does the proposed build allow for enough parking?. (Ie is parking a problem in your area).

Best advice however would be to engage a Solicitor who deals in planning applications, not the cheapest solution but maybe the safest.

BTW all that I've mentioned above is due to being turned down for planning numerous times, I did get it in the end but had to cahnge plans a few times.
Justyn.

I don't think there is a "right to light", according to the lawyers we consulted on a big planning application.

However, you do have a right to privacy (though it may not be called that) - i.e. a building should not over-look your property.

However, the real no-no is encroachment, if it really does encroach by 50 cm then it's pretty open and shut. Depends how clear your deeds are on boundaries.

My local council's website has some fairly high level but useful stuff on it:

http://www.eastherts.gov.uk/pp/FAQs/Objections/index.htm

http://www.eastherts.gov.uk/pp/FAQs/Neighbours/index.htm

Yours may have something similar.

You can ask your council's planners for advice on how best to object as well. Just be reasonable when you do it. Not 100% guaranteed, but that is part of what they are there for.

I don’t think it is uncommon for developers to apply for planning permission to build on land owned by others.
This is done to establish whether or not the land is of worth to them for development.
Of course building on land against the wishes of the owner is a different matter.
John.

Rights to Light

In England and Wales a right to light is usually acquired under the Prescription Act 1832. Under the Act
a right to light automatically occurs once light has been enjoyed through defined apertures of a building
for an uninterrupted period of 20 years.

The right is to a certain amount of light and not to all of the light that was once enjoyed. Mathematical
calculations are used to determine whether or not a development causes an infringement. For speed and
accuracy rights to light calculations are undertaken using specialist computer software programmes.

Rights to light are civil matters between neighbours. Rights to light are independent of the planning
system. Even if planning permission has been granted, care should be taken not to cause an
infringement to the rights to light enjoyed by nearby buildings.

An infringement is likely to give the neighbouring owner the right to seek an injunction to have the
proposed development reduced in size. If the loss of light is relatively small and can be adequately
compensated by money a court may decide to award compensation instead of an injunction. In extreme
cases a court may award an injunction to have the offending part of the building pulled down.

Thanks for those replies everyone. One question for you Nigel, Where did you get the information re: right to light?

Looking closer at the plans the entire south side of our garden where all our direct daylight comes from would be completely taken up by a 2 storey(+pitch roof) blank wall.

I've invited the planning committee to come round and see in person how detrimental to our garden this planned development will be.

Thanks again everyone. I've used your comments in my letter of response.

Jonathan

Jonathan,

The attached link may be of intrerest, although it refers to extensions as opposed to new builds, I,m sure the rules are pretty much the same. Section 9 deals with the reduction of the level of daylight.

http://www.newport.gov.uk/xpedio/groups/public/document...ategies/n_040884.pdf

Also : http://www.right-of-light-consulting.com/?gclid=COmBpfn0sYYCFQGAQwodSjevCA

Justyn.

As Nigel says, rights to light is not a planning issue, it is a civil one.

There is no right to light in your garden, only through windows and possibly doors in your haouse which have been there for more than 5 years.

If the light to said windows is reduced, you can seek either compensation or an in injunction if the too much light is lost. As Nigel says there are calulations to be done, based on room size where the window is etc.

There is a planning issue however called "dayight and sunlight" this is a different set of criteria but can be a reason to object to a planning application.

Re the garage wall. If it forms the boundry, it is a party wall, and they will need to serve notice on you 2 months prior to construction, they may need to provide a surface for your ivy and lighting.

The loss of an established hedge, if you can call it that, might be a reason for a plnning objection.

The 50 cm of garden is not a planning matter. If I wandted I could apply for an application to turn your house into a shopping centre, but of course I could not build it as I don not own it.

You may ask Her Majestys Land registry to come and survey the site to establish the boundrys, if they are unclear.

Check that no windows overlook your house/garden. This is a genuine planning objection.

Other posible objections include the relative bulk and scale of the proposed building, compared to the surroundings, the design compared to the local vernacular (particularly if in a conservation area)

Are there any highways issues? Is the road where the new house is going already busy? will there be parking issues? these are all planning grounds.

Is a suitable section 106 contribution being offered by the builder (this is a payment by the developer towards schools librarys roads, etc) Again a planning matter.

The above is not an exhaustive list but these are the sort of objections that annoying locals normaly send in when we are trying to build anything, normaly resulting in a planning refusal andl less money for us fut greedy property developers.

Also worth noting that if more than a certain number of planning objections are recieved (often between 3 or up to say 10) the decision will have to considered by the loca plnning comittee, rather than just being decided by "delagated powers" which is when the planning officer decides on his own. At comittee there is a better chance of you getting a refusal, particularly if you write to your local ward member and get them onside. Often there are onl 4 or 5 councilors at a planning committee meeting, and so one or two on your side can swing it when they vote on each application. You may even be able t speak at the planning comittee meeting and raise your objections in person to dd weight to your objection.

I hope the above is of use, and remeber to object within the time period allowed, normaly 21 days from the date the notice is posted near the site.

Kind regards

Simon
ps - I hope this is not somthing we are trying to build!!