12th November 2020

Can I object to a neighbour’s proposed extension?

As part of the planning process neighbours living near a property being developed will receive official notification of the application for planning permission which has been received by the local authority.  You may need to go online or visit the Council’s offices to get further details of the proposed development.  There are strict time limits within which any objections must be lodged so you need to act quickly.

In the first case you might want to try discussing matters direct with your neighbour to explain your concerns and see if it is possible to agree on a compromise.

If that doesn’t resolve the issue you can object to a planning application by raising your concerns with the local authority.  It is important to remember that the planning officers and planning committee can only take valid planning issues into account when considering the merits of a planning application.

The following will not be taken into account:-

  1. Short term nuisance during the construction process.
  2. A possible reduction in the value of your own property.
  3. The loss of a view.

On the other hand the following are relevant considerations:

  1. Loss of a significant amount of sunlight and/or daylight.
  2. Positioning of windows in the extension which would result in you feeling overlooked and causing a loss of privacy.
  3. Feeling a greater sense of enclosure in your own property because of the close proximity and height of the extension.
  4. Extension too large given the size of the original property.
  5. Design out of keeping with the original property or the wider neighbourhood.

Additional grounds may be raised if the property is a listed building or located in a conservation area.

If you feel that some or all of these would arise from the proposed extension, they are material considerations in the determination of an application.  You should write to the case officer explaining your concerns about the proposal and the impact you feel it would have on your property. You may also want to seek the advice of your local councillor or a solicitor specialising in planning law.

Katharine Smith, Director
Residential 
Blackadders LLP

@LawyerKSmith

 

 

 

The opinions expressed in this blog are of the author only and do not necessarily represent the opinions of Blackadders LLP.

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