New built house larger than approved

[louf sun]

Hi,

We recently bought our first house.During purchase, we were aware of a new house being built next door and we did check on the approved plans. We do not share party wall with the new building but our gardens are adjacent. However, now the building is built larger than approved; exceeding our property 3m further at the back than it was on the plans. This constitutes about 25-30% of the total building at the moment. Building enforcement has now sent us a notice that the owners will submit a new planning application or section 73 minor material amendment and we will be able comment on it. This 3m extension is overshadowing our garden more than we expected. Building enforcement says they will decide on the application on its own merits, irrespective of it being retrospective.

Any advice on this situation please? Is this worth pursuing or do the council generally allow such larger developments? The building is completed externally already.

Because our purchasing decision was based on the approved plans by the council, what happens if they change these plans now? Can I take the council to court or make a complaint to local government ombudsman?

Can I at least demand the current extension should be considered within the permitted development rights to prevent further extensions?

Should I seek legal advice at this stage or contact a surveyor?

Thanks for all the input in advance.

 

[freddiemercurystwin]

You can put in as many objections as you like and they will be considered if they are legitimate. so your objections need to be specific and not just it's too big. Developers typically get planning permission for the biggest houses the site/local conditions will accommodate so without seeing any of the planning history on the face of it I would suspect the new application will not be met favorably.

Why on earth do you think you could sue the council? What is difference in this and in you demolishing your house in a year and building a block of flats on the site for example?

 

[charliegolf]

Developers here (South Wales) got a wakeup recently. They did what the op is saying happened next door to him, built significantly larger than approved. They were made to reduce the size of the house beck to the original app.

http://www.southwales-eveningpost.c...y-demolished/story-29700527-detail/story.html

 

[lt8480]

All you can do is object - similarly to if the house had been built as per plans and then an application to extend was submitted.

If its acceptable and in line with policy then it will be approved as would an extension be.

In terms of objecting you therefore would need to argue that it is not acceptable somehow - a planning consultant would probably be most knowledgeable on this.