Maybe OT, how to go about appealing against a neighbours planning application

In article , Bramble writes

Don't let that frighten you, strange as it may seem the are not above the law;) they can be very bullying when it suits them..

Yes phone up their planning dept and ask for their opinion, most of them are very helpful when approached in the right way.

Well you can if U want, but that may not as yet be necessary unless you have money to burn.

Should be on your deeds. You could ask the solicitor who did your original conveyance, or the office junior who "actually" did it;)

Yes you'll need to check that out.

Well as it affects your property you should have adequate notice in order to protest.

There is something called 'ancient lights', which is maybe where you've got the 20 years from. Try a google search on ancient lights. I did a similar search a few years ago and got of useful info.

Good luck

Peter Scott

It sounds like the excavations required for the extension will almost certainly invoke the requirements of the party wall act. See

That is "loss of amenity" in planning speak. The rights to lights thing is complicated AFAIAA so you're probably better off focussing on the loss of view.

Definitely get your views known now, and appeal if the application is granted. Planning applications are (theoretically) only refused if they break local planning conventions or contravene the local government "structure plan" or similar. It is worth having a browse through recent applications refused and approved at your planning department to get an idea if this one is likely to be approved. Sometimes you can do this online e.g. my local council:

Under the freedom of information act, since January you can ask for information about exactly how local government decisions are made. This might be useful if the application is accepted and you want to know whether it's worth appealing.

Finally, remember that you may want to sell your house at some point and that you will be required to declare on the SPIF any disputes with neighbours. Also consider exactly why you don't want the extension to be built and weigh up the stress of a dispute against the loss of view or light. You need to decide which is more important to you.

HTH, Al

This is definitely the next thing you should do. Firstly ask to speak to the planning officer dealing with the application. They should already be considering the impact of the extension on your property

Often, planning officers use a rule of thumb for 'neighbourly' rear extensions, which restricts their size such that they do not cross a 45 degree line (on plan) taken from the centre of the nearest windows of the neighbouring properties. Remember this is a rule of thumb and each application will be judged on it's own merits. An important factor is the orientation of the backs of the properties. i.e. in the U.K. if your neighbour extends to the south of your window, it would have a greater impact (loss of sunlight) than if the extension was proposed to the north.

The planning officer has to take an objective view on these matters (which is always difficult for the partes concerned themselves), but you could set out a letter that explains all of your concerns to the planning officer (try not to rant though), and hopefully a fair decision will be reached.

I wouldn't hire a solicitor, but instead you could speak to an architect or similar for advice. You should get a free copy of The Party Wall etc Act

As I understand it, a boundary wall, regardless of 'ownership' if used by both neighbours, is governed by the Party Wall etc. Act, which is far too long winded for me to explain tonight (Celebrity Big Brother is on).

I hope this give some pointers:

Speak to planning officer dealing with the application Write to them, explaining your objections.

Get guide to party wall Act, read it and see if it helps.

Regards

Kevin (Don't Quote Me!)

As I understand it and this is not comprehensive!! when I looked into "the right to light" a few years back, it was not just that the window or whatever had been there for 20 years but that you yourself had enjoyed this light for the 20 year period. This normally knocks most people out the equation. There are also some distance factors built into this as well. HTH....a bit!

Again, go and speak to the planning officer involved. It is your right to do so as you are materially affected by the proposal. I wouldn't go in "How do I stop this?" but more "How does this affect me, and how should I proceed?" He may well guide you on the things accepted as a reason for objection. Some of the things we would normally expect to be a ground for objection, aren't. ISTR (been out of this line of buis since 1980) that EITHER 'right to light' or 'right to view' is not grounds for objection. Please don't quote me, but get advise on this point.

As to the boundary wall, have a look at your deed plans. They SHOULD show a 'T' mark on one side of each boundary line. The 'T' is on the side of the boundary that 'owns' the boundary. The applicant's site location plan that would have to be submitted with the application, MAY be a copy of his deed plan and may also give an indication.

Andrew

SPIF ? can you tell the group what this is and when it became law ?

RT

Try these people :-

Right to light - as I read it here

Anyway the first place to start with a planning issue is the planners themselves. They are generally helpful but cautious about possible disputes outside simple planning matters.

cheers

Jacob

And why does he know that you have ownership of the wall on the opposite side of your property? Answer - he doesn't - he's making an assumption, and he might be making a similar judgement about ownership of the wall in question. So definitely check your deeds, as others have said... althought be warned it might not be explicitly stated, in which case an assumption might have to be made (and he may be right, therefore).

David

SPIF = Sellers Property Information Form

Don

insufficient.

RT

usually, looking at the front of your property (in a terrace for example) you own and are responsible for the wall/boundary on the right.

RT

OR Left or even both !

SPIF = Seller's Property Information Form

I didn't say it was law. But, if you are asked to complete one and you lie, then you may have problems later. The alternative is that you can refuse to fill it out, but that would make most buyers suspicious. Now I suspect you could count the number of conveyancers who wouldn't ask a seller to complete this form on the fingers of one hand, so the chances of just avoiding the SPIF are virtually none.

So, no it's not law, but it is nearly always requested. Not filling it in will probably lose you the sale. Lying on it might cost you later.

Clear enough? Al

IANAL but when a dispute is resolved it is no longer a dispute! Things just need to be sorted before selling.

Yes, but the fact that there has *been* a dispute still needs to be declared, and as such it is still a potential issue. If there is a history of arguments with a neighour, that can certainly put off potential purchasers.

FWIW, I've just scanned in the relevant questions on the SPIF on my most recent house purchase. As you can see, it deliberately covers most eventualities:

David