Permitted developement using larger Home Extension - can the LPA object without neighbours objecting

Joined
26 Jul 2014
Messages
131
Reaction score
7
Location
Warwickshire
Country
United Kingdom
So they can only consider the impact on my one adjoining neighbour then? They can't wander off into the fields and say it's not in keeping with the greenbelt when you look at it from a distance?
 
Sponsored Links
Joined
23 Feb 2012
Messages
10,665
Reaction score
1,770
Location
Manchester
Country
United Kingdom
The LPA does consider the effect on the amenity of the neighbours irrespective of whether they get any complaints or not. It's in the guidance.
You seem to imply that the LPA has a say (on amenity) even if they get no complaints, but that's not so; your screen shot from the guidance confirms this.
The bit you highlighted only applies if the LPA receives a complaint.; if the LPA receives no complaint, they do not look at the scheme.
Your interpretation would suggest that this is almost akin to a planning application, which is not the purpose of the prior notification scheme.
 
Sponsored Links
Joined
26 Jul 2014
Messages
131
Reaction score
7
Location
Warwickshire
Country
United Kingdom
That then reverts back to my original interpretation of the rules that the LPA only get involved if the neighbours object and then should only consider it from the neighbours amenity.
 
Joined
4 Jul 2013
Messages
1,287
Reaction score
229
Location
Dorset
Country
United Kingdom
I've been doing some Googling to try and get some clarification but it is clear as mud. I found some advice from some local authorities and a snippet from the planning jungle when the larger home extension scheme was still under consultation and the neighbour consultation process was being introduced. I'm sticking to my original point of view but the guidance is very poorly worded so hardly surprising there is all this confusion.

Preston
- "If an objection is received from the owner/occupier of any adjoining premises, we will be required to consider the impact of the proposed development on the amenity of all adjoining premises"

Enfield - "If adjoining neighbours have objections within the 21 day notification period, we will review how your proposal impacts them.

If there aren’t any objections, you may build the extension. However, all conditions which apply to rear extensions shown in Class A of the Town and Country Planning General Permitted Development Order should still be followed. The extension must also be completed before 30 May 2016."

Rutland - "In May 2013, secondary legislation as laid before Parliament which increased the size of single-storey rear extensions which can be built under permitted development. It also introduced a 'light-touch' neighbour notification scheme.

For a period of three years, between 30 May 2013 and now extended to 30th May 2019, householders will be able to build larger single-storey extensions under permitted development (assuming no other parts of the relevant legislation mean that consent is required, e.g. permitted development rights have been removed, property is located within a conservation area or is a listed building etc."

Planning Jungle - Government statement during consultation: "A home owner wishing to build an extension will write to the local planning authority providing plans and a written description of the proposal. The local authority will then notify the adjoining neighbours—for example, the owners or occupiers of properties that share a boundary, including those at the rear. Those neighbours will have 21 days in which to make an objection, the same period as under existing planning rules. If no neighbours object, the home owner will be able to proceed. If any neighbour raises an objection, the local authority will then consider whether the impact of the proposed extension on the amenity of neighbours is acceptable".


Going back to the OP's original question and as suggested by some, I would put in the prior notification forms and see what happens. I would add the bit of advice I give my clients, have a word with the neighbours first to make sure they are happy. The last thing you want is a neighbour objection so the local authority can start getting awkward.
 
Joined
3 Sep 2006
Messages
37,684
Reaction score
5,572
Location
West Mids
Country
United Kingdom
The LPA does consider the effect on the amenity of the neighbours irrespective of whether they get any complaints or not. It's in the guidance.
You seem to imply that the LPA has a say (on amenity) even if they get no complaints, but that's not so; your screen shot from the guidance confirms this.
The bit you highlighted only applies if the LPA receives a complaint.; if the LPA receives no complaint, they do not look at the scheme.
Your interpretation would suggest that this is almost akin to a planning application, which is not the purpose of the prior notification scheme.

Read the actual legislation. In particular section 4 (6) and 4 (7) a and b
 
Joined
5 Dec 2014
Messages
2,169
Reaction score
215
Location
Berkshire
Country
United Kingdom
Users of a field can be your neighbours too.
No. Users of a field are not your neighbours.

And, with regards to Woody's other point, I think that rather proves my point, so thank you for the clarification.
 
Joined
5 Dec 2014
Messages
2,169
Reaction score
215
Location
Berkshire
Country
United Kingdom
The OP doesn't have to make the local authority aware of their existence. But of course we should all love each other, very much.
 
Joined
26 Jul 2014
Messages
131
Reaction score
7
Location
Warwickshire
Country
United Kingdom
I'll put in the prior notification forms as suggested and will post back here when I have the outcome. That will obviously take some time. I just need to ask another question about what I'm doing but I'll put that in a fresh post so as not to deviate from this particular issue for any future readers.

Watch this space!
 

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
Top