Planning Permission denied -Certificate of Lawfulness issued

[cath120]

Loft conversion underway on property with adjacent garden to my next door neighbour. Planning permission on this build was denied twice but Certificate of Lawfulness issued. Will overlook gardens and blocks out light, is there any course of action open to neighbours or myself?

 

[freddiemercurystwin]

If the CLD has been approved then it must have been considered to be lawful development and cannot be challenged from a planning perspective. That's the whole point of getting this kind of approval. Unless the planners have cocked up or they build it wrong.

You can persue a claim to loss of light in the courts though if you really wanted to. Read jeds reply in this thread; //www.diynot.com/forums/viewtopic.php?p=2074158#2074158

 

[^woody^]

As it is not normally possible to apply for the same work twice (ie a second application must be significantly different to the first) then it's probable that the work being done under the LDC is different to the previous planning applications

 

[cath120]

If the CLD has been approved then it must have been considered to be lawful development and cannot be challenged from a planning perspective. That's the whole point of getting this kind of approval. Unless the planners have cocked up or they build it wrong.

You can persue a claim to loss of light in the courts though if you really wanted to. Read jeds reply in this thread; //www.diynot.com/forums/viewtopic.php?p=2074158#2074158[/QUOTE]

Thank you FMT, I'm wondering how I would be able to tell if the build is wrong, unless I climb the scaffolding and take measurements, but I take your point and thank you especially for the link.

And thank you Woody.

 

[^woody^]

Planning applications are public documents so you can see them if you ask at the council or look online

 

[cath120]

Planning applications are public documents so you can see them if you ask at the council or look online

Hi Woody, yes I have viewed the planning apps and the certificate of lawfulness details online.

 

[^woody^]

Well then, that's how you can tell if the build is wrong

 

[jeds]

I'm curious to know how a loft conversion would block light. And presumably the house it sits on has first floor windows that overlook the garden - how will the loft conversion be different to the first floor windows?

 

[DevilDamo]

I'm curious to know how a loft conversion would block light

She may be referring to dormer windows.

If a CoL has been issued, then there's not a lot you (OP) can do.

 

[jeds]

I'm struggling to see how dormer windows could block light to any material degree.

 

[simonjay]

I'm struggling to see how dormer windows could block light to any material degree.

Could be a bungalow and a large dormer could block light from certain angles up near the house.

 

[cath120]

Well then, that's how you can tell if the build is wrong

Even if I am aware of the dimensions that have been accepted, I wouldn't be able to judge from just looking up at the build, being 3 storeys up whether the dimensions have been inflated.

 

[cath120]

I'm curious to know how a loft conversion would block light. And presumably the house it sits on has first floor windows that overlook the garden - how will the loft conversion be different to the first floor windows?

The first and second floor windows do not overlook the garden, but the dormer windows will.

 

[chapeau]

Even if I am aware of the dimensions that have been accepted, I wouldn't be able to judge from just looking up at the build, being 3 storeys up whether the dimensions have been inflated.

So if it looks the same why would it bother you?

 

[cath120]

Even if I am aware of the dimensions that have been accepted, I wouldn't be able to judge from just looking up at the build, being 3 storeys up whether the dimensions have been inflated.

So if it looks the same why would it bother you?

Because it will block even more sky than it legally should. So many loft conversions around my garden, it's like living in the middle of a wood of tall trees.

Also windows easily look into my kitchen.