Permitted Development - can neighbours object or appeal?

[davers79]

Hi!

We met with an architect this week and talked through our ideas for building a large dormer across the rear of our house. She said we could probably do it under permitted development and has gone away to check the cubic metre sizes to make sure we fall within the limit.

The permitted development all sounds reasonabley straight forward????? but we forgot to ask if the neighbours would have any opportunity to object or appeal if the lawful development certificate was issued by the planner?

There is a house to the rear of us, currently hidden by a 15ft hedge (their boundary) which means our new proposed windows are not overlooking them. We have a neighbour next door who this new dormer won't effect at all, actually it will benefit them as we will brick up the side window that currently overlooks them ... but he seems the kind of old man who might complain given the opportunity !

Thanks for any advice

 

[^woody^]

Permitted development is "pre-approval" and can not be objected to by neighbours or more importantly by planners

 

[freddiemercurystwin]

All they can do is say why they don't think its PD.

 

[DevilDamo]

Neighbours can object, but only on lawful grounds, not on planning grounds. So they cannot object with something like... it will not match the style of the house, cause overlooking, etc... However, if the dormer proposed is on a side elevation or overlooking a neighbour, then you may have to comply with the other PD guidelines, e.g. no openable windows below 1.7m (so only fanlights accepted) and glazing is to be obscured.

 

[nickjb]

Double check your architect's figures. It should all be on the planning portal. On top quality day time TV program Homes Under the Hammer there was someone caught out by their architect getting their dormer size wrong and in the end they had to lose bedroom from their development.

 

[^woody^]

Neighbours can object, but only on lawful grounds,.

What do you mean by this? No-one can object to an extension built under PD.

 

[freddiemercurystwin]

He means if they think it should not be PD they can object on that basis.

 

[^woody^]

Oh, in the same way that I can complain to the council about all and sundry, but none of my complaints will be valid and have no basis?

So not really an objection, just a moan ... which of course anyone can do about anything

Damo should have said that "Neighbours can have a good old moan about PD"

 

[freddiemercurystwin]

In reality they can object, winge, moan, say anything they like if they want, but unless their objection states why they consider the development does not meet the PD criteria and that the objection is upheld on that basis then it will be ignored.

 

[DevilDamo]

Neighbours can object, but only on lawful grounds,.

What do you mean by this? No-one can object to an extension built under PD.

Yes they can. If they don't think the development is lawful, then they can object to that effect. Similarly if the plans didn't resemble what was on site, e.g. boundary not shown in the correct place, etc...

 

[^woody^]

You will confuse the OP.

IF the work is PD then NO-ONE can object, and NOTHING can be done about it

Of course a neighbour can go to the council and complain about the extension, their bin collections and the chief execs pay, but the fact remains that NO-ONE can OBJECT to ANY work done as PD because the work has already been given planning permission by virtue of it being PD.

 

[DevilDamo]

Can you stop confusing them? There can still be objections! I've had direct experience of it.

 

[freddiemercurystwin]

I think ^woody^'s confused.

 

[DevilDamo]

This was my PD/CoL thread...

//www.diynot.com/forums/viewtopic.php?t=220826#ixzz1Lqm9Z6Gj

The case officer stated...

I think the important thing to note about Certificate’s of lawfulness for proposed developments’ is that neighbours can only object to the application on grounds of whether the development is lawful or not. i.e. whether the development falls within the General Permitted Development Order.

If neighbours object on such grounds as overlooking, loss of light or any other material planning consideration, then these cannot be taken into consideration when determining the application.

From experience, objectors very rarely manage to think anything that the Council have not already thought of but we still have an obligation to notify them. In the unlikely event that they do, I will let you know as soon as possible.

The advantage of getting a certificate of lawfulness is that should your client move home and a solicitor asks whether a development has planning permission, then she will have the Council’s formal opinion to show them straight away and this would not hold up the move whilst she submits a Certificate of Lawfulness for an existing development.

Thank you please.

 

[jeds]

But that's objection to a certificate of lawfulness. The thread isn't about certificates of lawfulness - it's about permitted development. The OP can carry out permitted development and people can moan all they like but if it complies with PD rules there is no mechanism for objection.