Neighbours objection, right of light, regulations

[Steve Bass]

Hi

Need some advice please. I am currently in battle (and losing badly) with my local council.

I have applied for planning permission for a loft conversion and my neighbour has objected because my plans will cause a 'rights of light' issue due to a regulatory 25 degree
line from the middle of his window which must clear my roof line.

My argument is based on the fact that the window he is using for his objection was not built in accordance with the building plans he submitted to the council in 2007. His dormer window in question shoud have obscured glazing and be positioned at the top of a flight of stairs, but in fact it has clear glazing and is used for a bedroom.

The council have advised that I have no right to object since my neighbours window was built over 4 years ago in 2007.

I am Led to believe my neighbours development has not been signed off as completed, and not sure how it could have been approved. The council are being a little evasive when I ask questions with regards to how this could have happened

Any advice would be gratefully received

 

[tony1851]

Why have you applied for planning permission for the dormer?

 

[Steve Bass]

I have applied for planning permission for the loft conversion and my architect told me as the conversion was over 50 squared metres I would need planning. My neighbour has a dormer window in his loft area adjacent to my house and my plans change the side profile of my house to a full gable end which is encroaching the 25 degree line from dormer window
Hope this makes sense apologies but building terminology and regulations are a bit foreign to me

 

[Doggit]

The councils right in that you can't object to the conversion, as it was done more than 4 years ago; but you're not trying to do that. You're contention is that he hasn't conformed to the original plans, and obviously hasn't had them signed off. But that's only going to be a problem for him when he comes to sell.

I don't think you've got a very good grounds to argue with, but I suspect you're going to have to try and argue that as the conversion he's done isn't valid, he has no right to enforce the rule, and the council is being negligent in allowing him to do so, and in supporting him. I suspect you're going to need to find a lawyer who deals in this sort of dispute, but what has you're Architect said about the situation.

 

[^woody^]

The 50m3 is extra volume - ie the dormer, not the whole loft. That would be a big dormer.

 

[tony1851]

As above, has your architect advised you correctly? You mention 50m², when the permitted development limit is 50m³ of additional roof volume,

 

[GeoffJ]

This is a complex area

I am no expert, but I put this paper together for my resident's association.
http://www.localplanningapps.co.uk/knowledge/LightAndPrivacy1.html

At least ancient lights does not apply in your case.

 

[Nozzle]

If the dormer is out the front I believe that needs PP. I say this only on the basis that my house had an already existing dormer, with a flat roof, and to change the style to pitched roof needed PP.

Nozzle

 

[Steve Bass]

Thanks everyone for your input all very useful, I am getting the feeling I may well be on a losing battle here but will continue with the argument along the lines that Doggit has mentioned in that the dormer isn't valid & the council are wrong to enforce the rule. Also thanks GeoffJ I am going to spend time studying your link

The 50 cubic metres is an interesting point I will try to check, because unfortunately the architect I have been using is a very good friend of the neighbour who is objecting. I know hindsight is a wonderful thing and I should have used a different architect !!

 

[Steve Bass]

Also another point you may be able to help with is.
If ( as I have been led to believe) my neighbours loft conversion has not been signed off by the council as completed, do you think the 4 year rule should still apply

 

[^woody^]

Withdraw the application.

Do the work under permitted development (if the work conforms). Or apply for a lawful development certificate. Get costs back from your designer due to his poor advice.

You can't argue that "my thing is OK because that thing should not be there" as the council have to deal with what is, and decide on that basis. The alternative is very expensive legal costs if you pursue it that way - with no certainty of success.

 

[^woody^]

has not been signed off by the council as completed, do you think the 4 year rule should still apply

The four year rule is for planning permission. Signing off is Building Regulations. The two are separate, so the rule is irrelevant in this context.

 

[jeds]

What are the rough dimensions of your dormer? 50m³ would be huge.

 

[wessex101]

The other point to bear in mind is just because the neighbour has objected does not mean the application will automatically be rejected.

The planning officer should take into account the recent addition of the neighbour's dormer and give it less weight than if it was an original part of the house. It would be inequitable for the neighbour to make an alteration or addition that would restrict your ability to make similar alterations.

I would ask your "architect" how he intends to mitigate the neighbour's objection. The minimum I would expect is a letter to the planning officer highlighting the above. I would also ask him to explain why the proposal is not under permitted development and whether you could at least get the side "hip to gable conversion" done under permitted development.

 

[Steve Bass]

Hi Jeds
I think the extra space being used for the 50 cubic metre is also because I want to convert my roof from a Pyramid Hip Roof to a Box Gable (hope this is the correct terminology just had to google it)