Planning permission refused on grounds of "overbearing&

[stevek54]

Hello

We have submitted plans to the LA to extend the rear of our bungalow including roof which will make a habitable space. The plans are borderline PD but on advice of our builder we submitted a planning application. Early indications were that the plans would be approved but then at the eleventh hour we were told that we should withdraw them as objections from the neighbour on one side would be upheld on the grounds of overbearing, even though the neighbour on the other side supported the plans even though you could assume they might suffer the overbearing nature objected to by the other neighbour?

Our property is south facing with no significant development within 20 miles in that direction. Our objecting neighbour we believe is being irrational and unreasonable and his behaviour in insisting on 12 foot high hedges around his property, CCTV warnings although he has no discernible cctv cameras and beware of the dog notices although their is no eveidence of a dog! demonstrates his obessional desire for privacy.

Should the planners have sided so readily with his objections even though our plans are tasteful, improve a decaying property and improve it. How can we get the planners to take a reasonable and fair view?

 

[jeds]

If you think it's reasonable continue with the application and if refused go to appeal.

 

[stevek54]

What are our routes of appeal? Council ombudsman etc?

 

[freddiemercurystwin]

Have you withdrawn the plans then?Its rare that some dialogue cannot be begun with the planners to see what can be done to get the application approved. Have you submitted the plans yourself or do you have someone doing that for you, have they spoken with planning, give us a bit more info and we can offer a bit of advice maybe. One person's idea of tasteful and not overbearing can be another person's idea of hell and vice versa.

 

[stevek54]

We have withdrawn the plans on advice from the planner. Our agent is our architect who about three weeks ago was in dialogue with planners who indicated the plans were okay. She set about putting building drawings together than last week contacted planning again and they advised that we withdraw as they wouldn't be able to approve due to the overbearing nature.

The architect moved the extension way from the direction of the objecting neighbour and the planner said these would be okay but they aren't symmetrical and the extension looks odd. It hasn't changed on the okay neighbours side. Planning don't seem to mind overbearinbg on them. So it appears they are only refusing permission because of the objection. This doesn't seem to be on planning grounds, just an irrational objection.

Other properties in our area have had rear extensions over the years without problem. Neighbours have told us that there is a history of objections from our neighbour to proposals by previous owners of our house.

 

[Inky Pete]

The plans are borderline PD

Which side of the borderline?

 

[stevek54]

In our favour. But using PD would be a last resort. But I have heard that PD can still be overruled if someone objects. We feel the planners decision is a result of the objection and isn't rational or reasonable. The haven't applied the same rule to our none objecting neighbours.

 

[jeds]

PD cannot be overruled if somebody objects. But my advice remains. Continue and appeal. You cannot appeal untill your application is refused. You then follow the householders appeal service which is free and takes 8 weeks.

 

[DevilDamo]

But I have heard that PD can still be overruled if someone objects.

Neighbours, etc... can only object on the basis of whether the development is lawful and NOT on planning grounds.

It's PD (Permitted Development) for a reason.

 

[stevek54]

I have spoken to a planning consultant and he mentioned the 45 degree rule, which I have heard of, but always though the line came out horizontally from the chosen window. He said the line can also come up vertically to demonstrate whether a two story extension may cause a loss of light. Is this right? To calculate this measurement wouldn't I need a 3D model of the plans?

 

[nickjb]

The council should have a guide to what is acceptable. Here is an example guide from my local council

http://www.bristol.gov.uk/ccm/conte...designing-house-alterations-and-extensions.en

There are some diagrams on their interpretation of the 45 degree rule (horizontally and vertically) that might help

 

[DevilDamo]

I have spoken to a planning consultant and he mentioned the 45 degree rule, which I have heard of, but always though the line came out horizontally from the chosen window. He said the line can also come up vertically to demonstrate whether a two story extension may cause a loss of light. Is this right? To calculate this measurement wouldn't I need a 3D model of the plans?

The 45 degree rule does exist and some LPA's use it while others take a general approach as to whether or not they (the planning officer) thinks it will cause overbearing/loss of light.

You don't need a 3D model. 2D drawings/plans are fine, as explained in the above link.

If you had any drawings and could upload them here, then we could have a look for you.

 

[stevek54]

I'll try to upload some plans. The problem I have is that our neighbours house isn't easy to survey even just the rear elevation because of all his hedges and trees.

The horizontal 45degree line crosses our original house which has been there nearly 60 years so we'll have to hope the vertical line is more helpful to us.

 

[DevilDamo]

You don't need to physically survey it. Some photo's should help.

Is it a semi-detached/terrace property?

 

[stevek54]

I've added an OS plan. Position B indicates our extension and the point (roughly that the planner has said we have the end the extension on the right giving us the offset arrangement. Position B is our neighbour's bedroom window. It appears that the planner is using a rough 45 degree rule to come to his decision. My hope is to convince him that we can keep the full width development but bring it back to the existing extension marked by position C.

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