unhappy with planning permission

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10 Jan 2018
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Hi Folks,
My next door neighbours applied for planning permission to convert a double garage into an extension. Our 2 houses are not in a straight line, 180 degrees, more like 130 odd. This means that to a degree we both overlook each other. However, a good sized gap between houses and a fairly tall hedge means it's not a problem. The good sized gap has there double garage on it. We objected because the 2 new upstairs windows of the front room would look over our garden. My neighbours employed a company who put a camera on a pole to the proposed window height and took photos of our garden. This showed that you could only just see the ridge line of our greenhouse over the hedge and therefore wasn't really overlooking anything. We were not informed of this happening and the council passed the application. The issue is that the greenhouse is right at the end of the garden and that you have to go down 3 steps to get to it. Therefore the new windows do overlook us, apart from when you're in the greenhouse! I have been told that as the application has been passed, there is nothing I can now do. Can any one tell me if this is true. It seems to me that even a cursory inspection by the planning department would have revealed that the photographed greenhouse ridgeline is much lower than virtually all the garden.
 
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Did you personally object to the application? Was it a delegated decision or planning committee-if the latter did you go to it? Did you read through your local council planning policies and general planning legislation to find statutory grounds for the development to be rejected?
If you found statutory grounds, included them in your objection and they were ignored then you could (expensively at a stretch) call for a judicial review. Or you can live with it and let the hedge grow :)
 
If they are otherwise nice neighbours, think yourselves lucky - they will likely stick around. If they'd sold you might have got the neighbour from hell.
 
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Acting as Devil's advocate here, but what would happen if planning permissions could be revoked on a neighbour's complaint. Even if a council was negligent in not following correct procedure, the worst that would happen is that the council could be rebuked by the Ombudsman; the planning permission would still stand.
 

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