Overbearing side extension advice

[wainy29]

Hi,

Advice needed please. We submitted a planning application for a 2 storey side extension. We live in a semi detatched house. We are an end house in a culdesac location in that our 3 No neighbours rear gardens back on to the side of our driveway and potentional side extension.

Our architect informs me that our extension needed to be 12m or 9m from the neighbours property depending on its use. From the original properties our extension would comply with this but they both have a single story extension on the rear leaving only 9m from the rear of these extensions to the side of my house.

I am basically being advised that, because they built their extensions first, I cannot build mine. If these extensions were not there, there wouldn't be a problem. Both of my neighbours tell me they have no problems/objections with my extension.

Is this worth an appeal and does anybody have any experience of this type of problem? In my mind, the neighbours don't mind and it doesn't seem fair to refuse mine because they built there's first.

Your thoughts are welcome!

 

[^woody^]

"Overbearing" is a subjective opinion and always worth appealing

 

[maltaron]

Has your application been refused or is it just your architect saying this.

 

[wainy29]

Planning application has been refused on the grounds of being overbearing to neighbours property.

Any help/advice is most welcome!

 

[freddiemercurystwin]

Do the proposals meet with Local Plan guidance? If not I would have got all the neighbours to write in to say they support it, this can have a positive effect on the decision just the same as when the object.

 

[wainy29]

Do the proposals meet with Local Plan guidance? If not I would have got all the neighbours to write in to say they support it, this can have a positive effect on the decision just the same as when the object.

The proposal doesn't meet with local plan guidance in that my proposed extension is only 9m from the neighbours dining room extension. The local plan guidance specifies a minimum distance of 12m. My argument is that the distance should be measured from the original house, not the dining room extension otherwise I can't build mine because they built theres first.

 

[freddiemercurystwin]

Appeal it, it needn't be that expensive.

Did your architect talk to the planners as it trundled along or did he just phone you up and say Doh its been rejected?

Good and cheap planning consultants can be found. I would maybe be hesitant in asking your architect though that maybe unfair, its not clear how they have dealt with this.

 

[wainy29]

Appeal it, it needn't be that expensive.

Did your architect talk to the planners as it trundled along or did he just phone you up and say Doh its been rejected?

Good and cheap planning consultants can be found. I would maybe be hesitant in asking your architect though that maybe unfair, its not clear how they have dealt with this.

He is a supposed to be a planning consultant/architect and he said he would be talking with the PO regarding our application but alas this did not actually happen. So all we got was a doh, been rejected. He has also pretty much said that he has taken this as far as he can without further payment so I am trying o progress this myself, hence the search for advice on here.

 

[tony1851]

Why not do an appeal yourself? 'Overbearing' is to an extent subjective and a planning inspector may take a different view than your planning officer.
The service is free and the form-filling is straightforward.

 

[wainy29]

Why not do an appeal yourself? 'Overbearing' is to an extent subjective and a planning inspector may take a different view than your planning officer.
The service is free and the form-filling is straightforward.

Thats the plan Tony, I was just after some general advice and help from you guys. I think you have confirmed my thoughts so I will submit an appeal and keep everything crossed. A friend advised examples of similar previous refusals being overturned on appeal would be helpful along with letters from the neghbours, as they say they have no objections with our extension.

 

[maltaron]

12 metres seems an awful lot for local plan guidance, on most new estates these days you are lucky to be 6 metres from your neigbour.

 

[^woody^]

If you are going to appeal, then you need to be very careful and selective in the wording and supporting information - don't listen to friends unless they know the appeal process

Letters from neighbours wont help a bit, and in any case you can't submit fresh documentation, but need to use the same information available to the planner when, and on which, the decision was made.

Each case is judged on its own merits, so bringing up other cases is no good unless they are very near to the property and the circumstances are the same

If the proposal did not conform to a technical policy (ie the 12m) then you will have a very difficult (though not impossible) time trying to convince the inspector why that policy should not apply. Inspectors don't like to go against set policy, as that throws the whole local plan up in the air for every planning application

Only then can your arguments about "overbearing" be entertained

If it's important, then get proper advice