Side return extension - Advice on the best approach

[RobertBailey]

Hello, I am due to purchase a house shortly which requires significant renovation. Alongside the work required I am also planning to have a side return extension done. I will be discussing the plans with my new neighbour, but before that, I would like to have an idea of where I stand from a planning perspective. There are quite a few different elements that come into play which I am trying to get my head around. In the best case scenario, the neighbour might say that they have been wanting to do something with their old side extension for years and might agree to do something jointly together (a positive for them would be that I could have all the trades people coming through my house in order to access the back of the two houses).

However, if they are dead set against any extension plans, will they be able to block it? I don't really want to leave a small gap between the two houses as this has the potential to cause issues in the future, however I might not have a choice if they don't want to create a joint party wall.

The extension would fall under the category of permitted development with neighbour consultation required (a 3.5m extension from the back wall of the house). Has anyone had experience of an extension being blocked when following this planning route?

Lastly, I think it would be quite a weak claim, but do people see right to light being an issue here with their high frosted glass windows?

Any advice would be greatly appreciated, thank you.

 

[thomp1983]

If its permitted development then its permitted, the neighbour doesn't get a say in it

 

[freddiemercurystwin]

Your extension is considered as both a rear and a side extension and must adhere to the limits for each to be permitted development therefore you are limited to 3m deep. You can't do a side extension under Prior Approval only a pure rear extension. So if you wish to extend to 3.5m you'll need planning permission.

 

[RobertBailey]

Your extension is considered as both a rear and a side extension and must adhere to the limits for each to be permitted development therefore you are limited to 3m deep. You can't do a side extension under Prior Approval only a pure rear extension. So if you wish to extend to 3.5m you'll need planning permission.

Thank you both for the responses. Based on the research I've done I am very confident it will fall under the "Prior Approval for larger Home extensions" and not a full planning application. That's the only thing I'm pretty sure about at the moment! https://assets.publishing.service.g...e/830643/190910_Tech_Guide_for_publishing.pdf

 

[freddiemercurystwin]

Ah sorry my bad, the planning portal is writen in a really poorly written way after their revamp.

 

[wessex101]

I cannot see any particular problems other than the following.
1. Eaves Height - What will it be? It looks like it will be getting close to the 3m limit. (if it does fall under permitted development?)
2. Rainwater discharge - you will need to think about how you will drain the rainwater off your roof. In your sketch there is no room for guttering and you cannot just discharge it onto the neighbours roof.
3. Right to light and neighbours windows on boundary - it looks like the neighbours extension has a polycarbonate roof so I assume it is a conservatory or porch therefore right to light does not apply. However, if the extension has been there for at least 20 years they might have acquired a prescribed easement preventing you from blocking them.
4. I do not think you can build a side extension under the prior approval application as Freddie said so 3.5m deep would require a planning application. Having said that I have seen side extensions given prior approval in my area so it might be worth a go.

 

[RobertBailey]

I cannot see any particular problems other than the following.
1. Eaves Height - What will it be? It looks like it will be getting close to the 3m limit. (if it does fall under permitted development?)
2. Rainwater discharge - you will need to think about how you will drain the rainwater off your roof. In your sketch there is no room for guttering and you cannot just discharge it onto the neighbours roof.
3. Right to light and neighbours windows on boundary - it looks like the neighbours extension has a polycarbonate roof so I assume it is a conservatory or porch therefore right to light does not apply. However, if the extension has been there for at least 20 years they might have acquired a prescribed easement preventing you from blocking them.
4. I do not think you can build a side extension under the prior approval application as Freddie said so 3.5m deep would require a planning application. Having said that I have seen side extensions given prior approval in my area so it might be worth a go.

Hi wessex101. Thanks for the useful info. On point 3 that you made it is definitely a porch type structure with a polycarbonate roof. However, it may also have been there for over 20 years. Therefore would right to light apply? I'm not familiar with the "prescribed easement" terminology.

On point 4, if you have a look at this article I am sure that it will fall under permitted development. See Point 9, "Where not on designated land (Article 2(3)) or a Site of Special Scientific Interest, this limit is increased to 8m if a detached house; or 6m for any other house."

https://ecab.planningportal.co.uk/uploads/miniguides/extensions/Extensions.pdf

 

[wessex101]

Hi wessex101. Thanks for the useful info. On point 3 that you made it is definitely a porch type structure with a polycarbonate roof. However, it may also have been there for over 20 years. Therefore would right to light apply? I'm not familiar with the "prescribed easement" terminology.

On point 4, if you have a look at this article I am sure that it will fall under permitted development. See Point 9, "Where not on designated land (Article 2(3)) or a Site of Special Scientific Interest, this limit is increased to 8m if a detached house; or 6m for any other house."

https://ecab.planningportal.co.uk/uploads/miniguides/extensions/Extensions.pdf

A porch is not habitable space so does not benefit from a statutory right to light. The prescribed easement means if something has been there for at least 20 years it acquires certain rights. So a window on the boundary may not have a statutory right to light but it might have a right to exist and cannot be interfered with by the neighbour. Likewise if the window was openable over the boundary, initially it would be a trespass but after 20 years it acquires the right to remain. It is a fairly esoteric point so your neighbour might not actually be that bothered so dont worry about it too much, unless the neighbour decides to make it a problem.

Unless they have changed the permitted development rules in England since I last checked (I wouldn't be surprised) I think you are mixing up permitted development and the prior approval larger home extension scheme. It looks like it will not be permitted development because it is more than 3 metres deep and it cannot fall under the prior approval scheme because technically it is a SIDE extension. That's why permitted development jobs are such a pain, the rules are a minefield.

 

[RobertBailey]

A porch is not habitable space so does not benefit from a statutory right to light. The prescribed easement means if something has been there for at least 20 years it acquires certain rights. So a window on the boundary may not have a statutory right to light but it might have a right to exist and cannot be interfered with by the neighbour. Likewise if the window was openable over the boundary, initially it would be a trespass but after 20 years it acquires the right to remain. It is a fairly esoteric point so your neighbour might not actually be that bothered so dont worry about it too much, unless the neighbour decides to make it a problem.

Unless they have changed the permitted development rules in England since I last checked (I wouldn't be surprised) I think you are mixing up permitted development and the prior approval larger home extension scheme. It looks like it will not be permitted development because it is more than 3 metres deep and it cannot fall under the prior approval scheme because technically it is a SIDE extension. That's why permitted development jobs are such a pain, the rules are a minefield.

Thank you, yes that makes sense. I also found a useful article on prior approval home extensions that is up to date. https://urbanistarchitecture.co.uk/prior-approval-larger-home-extension/