Neighbour Contesting Extension That's Granted Planning Permission

V0Y

Joined
8 Sep 2020
Messages
16
Reaction score
0
Country
United Kingdom
Hi All

Possibly a unusual case here which I have spent countless hours online reading through various regulations but no clear answer.

We wanted a rear and double story side extension. My architect, first submitted plans for a 5m rear extension (width of the original house) under permitted development (for larger extensions). This type of application must go through the council and the council must follow the neighbour consultation process (which they did). Both neighbours were written to and no objections were received by the council so they deemed it "Prior Approval Not Required" and gave it the all clear.

My architect then submitted planning permission for the double story side extension and referenced it to the permitted development application so the council is aware its all 1 large project. All surrounding houses were written to and only 1 objection received (from my immediate neighbour on the left). After a review by the planning officer, the council still granted me full permission on the whole project despite the 1 objection.

This neighbour is now questioning the 45 degree rule. Bear in mind, she did not object the initial 5m rear extension (which would be built adjacent to her 3m extension). She did however object to the 2nd application that was submitted (for the double storey side) but that wouldn't have affected her much as its on the other side of the house. She feels my 5m extension will breach the 45 degree rule. I haven't been able to measure and although close, it seems we are clear. Please see the diagram attached. My neighbour is questioning the 45 degree rule as she feels the centre line of the her patio door may not be accurate in the diagram. She feels we may be breaching the 45 degree (by a very small amount). I have explained to her that the council have reviewed these and given permission but she thinks the drawings are not a true reflection of the centre line and hence misleading.

View media item 107208
Was wandering where do I stand in this matter. From everything I have read online (and lots of it), I seem to be in the clear. We followed the correct process, neighbours were consulted. She failed to object to the initial 5m extension plans. She objected to the 2nd submission but that double side extension barely affects her being on the other side of the house. I have even reviewed the "Right To Light" guidelines and from what i understand, we are not breaching those either. She has mentioned she will consider taking out an injunction if it turns out we are breaching the 45 degree rule.
 
Sponsored Links
I'm not an expert but think it's very tricky to appeal against a granted application, especially if they were consulted.
Was it granted more than 6 weeks ago? I think there's a 6 week window to challenge then it gets even trickier.
 
  • Thanks
Reactions: V0Y
How did you calc the 45deg? Do you have the measurements for (i) the full width of the double doors, and (ii) the distance from double doors to the boundary so that you can re-calc/check the 45deg.
 
I'm not an expert but think it's very tricky to appeal against a granted application, especially if they were consulted.
Was it granted more than 6 weeks ago? I think there's a 6 week window to challenge then it gets even trickier.

Yes, been a number of months now, maybe even a year has passed since approval

How did you calc the 45deg? Do you have the measurements for (i) the full width of the double doors, and (ii) the distance from double doors to the boundary so that you can re-calc/check the 45deg.

I don't unfortunately. an architect at the time did all the drawings. I will try to measure it up but just curious about the fact that planning was granted and works are in progress so just want them to go without a hitch.
 
Sponsored Links
In a spirit of neighbourliness, agree to set the extension back 75mm, and crack on.
 
  • Thanks
Reactions: V0Y
In a spirit of neighbourliness, agree to set the extension back 75mm, and crack on.

Precisely what I am considering. I'm trying to be as amicable as possible about this situation (even though i feel its not quite being reciprocated)


Cool story, but you have permission.

No judge can injunct against a lawful permission.

Thanks. Neighbour is very determined so wanted to cover all bases.
 
Build to the agreed plans (and I mean exactly to the plans- don't let the builder stretch a wall by 100mm cos it works better for the blockwork) and there's nowt your neighbour can do. Try and get them to agree to some access to 'their' side of the new side wall- on the grounds that if they allow access the wall can be neatly pointed up, if they don't it'll be built overhand which tends to look a bit poor and they'll be looking at it not you.
 
@op; was there, or is there, an original extension on the rear of the house, eg a lean-to scullery or kitchen/utility extension etc?

If so, was it shown on the original Prior Notification plan the architect submitted?
 
Right to light is separate from planning permission, although they do look at rules like 45 degrees during planning permission checks.
If the neighbour really wants to get you on right to light they can get it surveyed at great expense and take you to court to enforce.
Also you mention you are being amicable but the neighbour isn't reciprocating but you are building an extension for yourself and the neighbour will not benefit at all, so clearly it's your project to be amicable about not theirs!
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top