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  • Objection to a Proposed Neighbour's Extension.

    I have a family member who is unhappy about a proposed two-storey extension to a neighbour's property which they have recently been informed about.

    The problem is that although the proposed extension may be an eyesore to my relative, will be overbearing on their garden, will engulf two boundaries on the NE corner of their land, will block a scenic view and probably drop the value of my family member's property, these appear to not be factors in the approval for an extansion.
    The neighbour's house was built as a comparable size to my relatives but has already been massively enlarged, but not yet consumed 50% of the surrounding land.

    The picture below summarises the proposed extension (blue):

    Last edited by FB.; 17-12-2012, 08:55 PM. Reason: two storey
    .

  • #2
    Initial thoughts:-
    Any windows to overlook your family's property - object on loss of privacy "overlooking".
    Will the extension be tight against the boundary? If so how will they maintain it other than by accessing your land? Object as you do not have to allow them access (without a letter from their solicitor, I believe)
    Removal of rainwater from extension roof - ensure it does not drain onto your land.
    I'll think on!!

    Comment


    • #3
      Has your relative been resident at this address for 20 (or more) years ? if so there is the law of ancient lights.



      A doctrine of English Common Law that gives a landowner an Easement or right by prescription to the unobstructed passage of light and air from adjoining land if the landowner has had uninterrupted use of the lights for twenty years.

      Once a person gains the right to ancient lights, the owner of the adjoining land cannot obscure them, such as by erecting a building. If the neighbor does so, he or she can be sued under a theory of Nuisance, and damages could be awarded.

      Ancient lights legal definition of Ancient lights. Ancient lights synonyms by the Free Online Law Dictionary.
      He who smiles in the face of adversity,has already decided who to blame

      Artificial intelligence is no match for natural stupidity

      Comment


      • #4
        as VC says,plus our council says,you not entitled to the view,any windows are a given space away,even if they doo overlook your property,i could be wrong,but councils differ from to another,thats why some peeps apply to a different area/town ext,in order to get what they want,in other words,if your own council say no to something,another one might say yes,and your council have to abide by it,this info i have had a while ago on good authority,plus the planning laws have been altered in recent months,if your relitive gets into their local councils {portal ?}on line,and have a look at the planning section,also go visit the planning office,for a detailed look at the plans,it will show how near the boundary,window placements ext,plus they can ask questions and the info from the horses mouth,all before an objection letter is sent of,
        sigpicAnother nutter ,wife,mother, nan and nanan,love my growing places,seed collection and sharing,also one of these

        Comment


        • #5
          There are a set of rules which allow automatically certain extensions to be built
          • No more than half the area of land around the "original house"* would be covered by additions or other buildings.
          • No extension forward of the principal elevation or side elevation fronting a highway.
          • No extension to be higher than the highest part of the roof.
          • Single-storey rear extension must not extend beyond the rear wall of the original house* by more than three metres if an attached house or by four metres if a detached house.
          • Maximum height of a single-storey rear extension of four metres.
          • Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres.
          • Maximum eaves height of an extension within two metres of the boundary of three metres.
          • Maximum eaves and ridge height of extension no higher than existing house.
          • Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
          • Two-storey extensions no closer than seven metres to rear boundary.
          • Roof pitch of extensions higher than one storey to match existing house.
          • Materials to be similar in appearance to the existing house.
          • No verandas, balconies or raised platforms.
          • Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
          • On designated land* no permitted development for rear extensions of more than one storey.
          • On designated land no cladding of the exterior.
          • On designated land no side extensions.



          By the looks of the map you have attached there might be things that could be flagged up with it being so close to the boundary, however all that would mean is that is would require planning permission.

          They are best to contact their local planning office

          Comment


          • #6
            Have a look here ........... Planning Portal - FAQ: Applications Process
            He who smiles in the face of adversity,has already decided who to blame

            Artificial intelligence is no match for natural stupidity

            Comment


            • #7
              Originally posted by veggiechicken View Post
              Initial thoughts:-
              Any windows to overlook your family's property - object on loss of privacy "overlooking".
              Will the extension be tight against the boundary? If so how will they maintain it other than by accessing your land? Object as you do not have to allow them access (without a letter from their solicitor, I believe)
              Removal of rainwater from extension roof - ensure it does not drain onto your land.
              I'll think on!!
              Thanks VC.

              The extension won't have a directly overlooking window (that side wall of the house has a window on both floors anyway).
              It will be close to, but not quite up to the boundary.
              I have mentioned access and drainage to them.
              .

              Comment


              • #8
                Originally posted by bearded bloke View Post
                Has your relative been resident at this address for 20 (or more) years ? if so there is the law of ancient lights.
                They've only been there for about two years.
                Last edited by FB.; 17-12-2012, 10:36 PM.
                .

                Comment


                • #9
                  Originally posted by MartinRSharpe View Post
                  By the looks of the map you have attached there might be things that could be flagged up with it being so close to the boundary, however all that would mean is that is would require planning permission.

                  They are best to contact their local planning office
                  My relatives have been contacted by their local council because the neighbour has made a formal planning application.

                  So the height and distance from boundary limts for permitted development are not being breached if the planning officer says its OK.
                  .

                  Comment


                  • #10
                    FB this is a good forum for advice :-

                    Garden Law Discussion Forum
                    Location....East Midlands.

                    Comment


                    • #11
                      Make your own planning application that would p....s them off even more then negotiate a no build deal!!!

                      Looks like you might be stumped on objection.

                      Loving my allotment!

                      Comment

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