Neighbour Contesting Extension That's Granted Planning Permission

Discussion in 'Building Regulations and Planning Permission' started by YV0, 11 Nov 2021.

  1. YV0

    YV0

    Joined:
    8 Sep 2020
    Messages:
    10
    Thanks Received:
    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.


    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.
     
  2. Sponsored Links
  3. jacko555

    jacko555

    Joined:
    5 Feb 2005
    Messages:
    636
    Thanks Received:
    86
    Country:
    United Kingdom
    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 Thanks x 1
  4. RichA

    RichA

    Joined:
    3 Aug 2005
    Messages:
    645
    Thanks Received:
    27
    Location:
    Surrey Hills
    Country:
    United Kingdom
    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.
     
  5. YV0

    YV0

    Joined:
    8 Sep 2020
    Messages:
    10
    Thanks Received:
    0
    Country:
    United Kingdom
    Yes, been a number of months now, maybe even a year has passed since approval

    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.
     
  6. Nakajo

    Nakajo

    Joined:
    5 Dec 2014
    Messages:
    2,093
    Thanks Received:
    195
    Location:
    Berkshire
    Country:
    United Kingdom
    In a spirit of neighbourliness, agree to set the extension back 75mm, and crack on.
     
    • Thanks Thanks x 1
  7. Sponsored Links
  8. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    34,698
    Thanks Received:
    4,701
    Location:
    West Mids
    Country:
    United Kingdom
    Cool story, but you have permission.

    No judge can injunct against a lawful permission.
     
    • Thanks Thanks x 1
    • Like Like x 1
  9. YV0

    YV0

    Joined:
    8 Sep 2020
    Messages:
    10
    Thanks Received:
    0
    Country:
    United Kingdom
    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)


    Thanks. Neighbour is very determined so wanted to cover all bases.
     
  10. oldbutnotdead

    oldbutnotdead

    Joined:
    11 Jan 2013
    Messages:
    4,751
    Thanks Received:
    1,005
    Location:
    Durham
    Country:
    United Kingdom
    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.
     
  11. tony1851

    tony1851

    Joined:
    23 Feb 2012
    Messages:
    10,406
    Thanks Received:
    1,574
    Location:
    Manchester
    Country:
    United Kingdom
    @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?
     
  12. John D v2.0

    John D v2.0

    Joined:
    26 Aug 2016
    Messages:
    6,408
    Thanks Received:
    887
    Country:
    United Kingdom
    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!
     
Loading...

Share This Page