Portland Bill Posted June 11, 2015 Report Share Posted June 11, 2015 My neighbours are having a single storey extension built, about 6 months ago they showed me the plans. They told us they 'did not' need planning permission! We looked up what they could build without planning and they could go out 3 metres and 'not' go the full width of the house. Well... They have gone out 4 metres and the full width of the house! It turns out that someone ( not us) has now complained to the council about it not meeting planning law. The people building the extension have now said they are applying for planning permission! We are awaiting a letter from our council ( as our other people) with details of this planning application. Does anyone on here have experience of what happens next. Basically they have 90% done the build,and are still carrying on with it. It's a bit of a pee take really, how can you build something and then apply for planning? Link to comment Share on other sites More sharing options...
RedRock Posted June 11, 2015 Report Share Posted June 11, 2015 Easily, it's called applying retrospectively. Not that unusual either on the basis that someone is trying it on in the hope of not being reported or are just naive. Bottom line is they carry out the building works at 'their own risk'. If the retrospective application is refused and they don't appeal or lose an appeal it will have to come down (in whole or part). As a neighbour, you'll no doubt be given an opportunity to comment on the application by the LPA. If the extension is overbearing and affects your amenity (which may include privacy, sunlight et al) you will have a chance of getting it refused. Make sure though that any comments are based on planning grounds not, 'we don't like the neighbours kids' or 'our view of his mrs sunbathing is obstructed'. Link to comment Share on other sites More sharing options...
RedM Posted June 11, 2015 Report Share Posted June 11, 2015 I certainly am no expert, no doubt there will be others who will come along with better advice but here's my knowledge... At the bottom of my road a builder built 4 houses, originally there had been plans for 5 but because of objections he somehow was allowed to go taller and not wider. The houses had to have driveway type provision. The space was tight and driveways were built, but if cars were parked on them they would overhang the pavement. The road is very narrow and it wouldn't be possible to park on the pavement bit that is quite common with driveways. The work was stopped for months, and months. Suddenly work started again and the houses are now there. There had been little adaptation to stop cars overhanging the pavements (walkways). I guess they took all this time arguing, the houses were half built at the time and finally got them through. On the flip side, there was on the news recently a luxury apartment block in Bath who had not stuck to submitted plans and have been ordered to demolish. They had built a different design with balconies or something. It looked a fantastic place, but they gambled and flouted the rules. I think different authorities act in different ways, check the local councils website for help. I had an issue with my neighbour who is the original neighbour from hell building a 'lookout platform' in his garden complete with halogen search light and camera. They sent someone out to see. They agreed it was a problem but as the structure, basically a wooden platform decking on top of a shed was 'temporary' and more importantly in his BACK garden (but close, touching, the border) there was nothing the council could do!!!! The platform is still there. Apparently you can build 'what you like' in your back garden. Although with you this sounds very permanent. There is also an issue with windows overlooking a property I believe, does this apply? Yes you cannot have windows which do, but you are perfectly legally entitled to stand on a platform and film and shine powerful lights into someone else's house!!! Link to comment Share on other sites More sharing options...
chipdawg Posted June 11, 2015 Report Share Posted June 11, 2015 Retrospective planning applications are actually pretty common, but then again so is having such developments torn down! First thing I'd check is whether they have permitted development rights. Generally these are present unless expressly denied, common reasons for their withdrawal are living in a conservation area, a national park or on a re mediated brownfield site. Some sites have no permitted development if the housing is high density too. If those rights exist (and given that they've been allowed to apply for planning permission I'd say they probably do) you have a right to be consulted and object to the planning application. Objecting to planning applications is a fine art, what matters to you and what matters in planning legislation are often different things. You really need to display that the new development will affect your enjoyment of your property: it blocks light or a view for example. There will also be planning and building-control technicalities- the wrong building materials or inappropriate guttering say- but they're not great objections because they can be changed, though less easily because they've already built the thing! With larger developments you can object (or rather ask the appropriate council dept to object) on the grounds of the highways or drains not being suitable, but can't see that happening here for an extension After all that, the planning officer could recommend refusal and the councillors could disagree and grant permission. Or the planning officers could agree it shouldn't have been built but decide it's not expedient to prevent the development. It's a bastard at times! Link to comment Share on other sites More sharing options...
Robbored Posted June 11, 2015 Report Share Posted June 11, 2015 I'm no expert when it comes to planning permission but I know enough not to build anything that "might" need said permission. I wouldn't want to take a risk on retrospective planning permission or risk having it torn down. Link to comment Share on other sites More sharing options...
chipdawg Posted June 11, 2015 Report Share Posted June 11, 2015 I certainly am no expert, no doubt there will be others who will come along with better advice but here's my knowledge... At the bottom of my road a builder built 4 houses, originally there had been plans for 5 but because of objections he somehow was allowed to go taller and not wider. The houses had to have driveway type provision. The space was tight and driveways were built, but if cars were parked on them they would overhang the pavement. The road is very narrow and it wouldn't be possible to park on the pavement bit that is quite common with driveways. The work was stopped for months, and months. Suddenly work started again and the houses are now there. There had been little adaptation to stop cars overhanging the pavements (walkways). I guess they took all this time arguing, the houses were half built at the time and finally got them through. On the flip side, there was on the news recently a luxury apartment block in Bath who had not stuck to submitted plans and have been ordered to demolish. They had built a different design with balconies or something. It looked a fantastic place, but they gambled and flouted the rules. I think different authorities act in different ways, check the local councils website for help. I had an issue with my neighbour who is the original neighbour from hell building a 'lookout platform' in his garden complete with halogen search light and camera. They sent someone out to see. They agreed it was a problem but as the structure, basically a wooden platform decking on top of a shed was 'temporary' and more importantly in his BACK garden (but close, touching, the border) there was nothing the council could do!!!! The platform is still there. Apparently you can build 'what you like' in your back garden. Although with you this sounds very permanent. There is also an issue with windows overlooking a property I believe, does this apply? Yes you cannot have windows which do, but you are perfectly legally entitled to stand on a platform and film and shine powerful lights into someone else's house!!! On your last point Red M, that's not true at all. If someone is shining a light into your house and especially if they're directing recording equipment into any part of your property, that's a nuisance and should be dealt with under CoPA or more likely, the EPA1990. Light nuisance is a bugger to prove, but a powerful halogen light is cut and dry if a council officer witnesses. I would actually argue that of he's done all that simply to shine a light and a camera into your house it's bordering on harassment and certainly within the remit of the ASBO replacements (name escapes me!) If the council have investigated and won't do anything about it, go to the local government ombudsman and ask them to review it Link to comment Share on other sites More sharing options...
joe jordans teeth Posted June 11, 2015 Report Share Posted June 11, 2015 What's the problem,stops you buying lightbulbs Link to comment Share on other sites More sharing options...
RedM Posted June 11, 2015 Report Share Posted June 11, 2015 On your last point Red M, that's not true at all. If someone is shining a light into your house and especially if they're directing recording equipment into any part of your property, that's a nuisance and should be dealt with under CoPA or more likely, the EPA1990. Light nuisance is a bugger to prove, but a powerful halogen light is cut and dry if a council officer witnesses. I would actually argue that of he's done all that simply to shine a light and a camera into your house it's bordering on harassment and certainly within the remit of the ASBO replacements (name escapes me!) If the council have investigated and won't do anything about it, go to the local government ombudsman and ask them to review it Thanks for the reply. This has been going on for years, the police have been involved and the council, our MP, just about everyone.These two organisations don't seem to like each other much and spend more time bickering with each other than helping us. I actually videoed the bloke breaking down our fence and flashing his light, pointing cameras at our house for proof, and they (police/council) spoke to him. He pointed out we were filming him...we were told not to film him when he is on his platform!!!! I went to the council to get something done about his platform as at the time there had been several reports in newspapers about families having to take down tree houses as they were against regulations, I considered his platform which was built solely for him to stand on and look down into my garden a similar thing, obviously not. Luckily we have managed to grow tall plants to block his view over the past couple of years, and he's given up with the spotlight too. He's an alcoholic and gets mouthy when he's had a drink, daily. We both live in private houses, would have been so much simpler if one of us were a council tenant I was told. Edit: also in the past 7 years or so the woman next door has been convicted of harassment and the bloke of assault ( against me or family members). No one in my family or myself have ever been in trouble...before someone suggests there are two sides. It's been a lesson in patience. I hope the OP gets some progress with getting the building altered. But there is a chance of it creating bad feeling. Bad neighbours are horrible. Link to comment Share on other sites More sharing options...
chipdawg Posted June 11, 2015 Report Share Posted June 11, 2015 Thanks for the reply. This has been going on for years, the police have been involved and the council, our MP, just about everyone.These two organisations don't seem to like each other much and spend more time bickering with each other than helping us. I actually videoed the bloke breaking down our fence and flashing his light, pointing cameras at our house for proof, and they (police/council) spoke to him. He pointed out we were filming him...we were told not to film him when he is on his platform!!!! I went to the council to get something done about his platform as at the time there had been several reports in newspapers about families having to take down tree houses as they were against regulations, I considered his platform which was built solely for him to stand on and look down into my garden a similar thing, obviously not. Luckily we have managed to grow tall plants to block his view over the past couple of years, and he's given up with the spotlight too. He's an alcoholic and gets mouthy when he's had a drink, daily. We both live in private houses, would have been so much simpler if one of us were a council tenant I was told. Edit: also in the past 7 years or so the woman next door has been convicted of harassment and the bloke of assault ( against me or family members). No one in my family or myself have ever been in trouble...before someone suggests there are two sides. It's been a lesson in patience. I hope the OP gets some progress with getting the building altered. But there is a chance of it creating bad feeling. Bad neighbours are horrible. Wow, that sounds awful Red M. Just as a example of what can be done, in the authority I work for we ended up (in collaboration with the police) getting a bloke sent to jail (twice) essentially for playing a radio through a hole he'd made in the dividing wall between the two houses (it was much more complicated that, but that was one of the main thrusts of the case). You're probably best leaving it to be honest, given that he's given up being quite as much if an arsehole, but you'd be within your rights to complain to any organisation that'll listen about the advice and service it sounds like you've got from the council Link to comment Share on other sites More sharing options...
Portland Bill Posted June 11, 2015 Author Report Share Posted June 11, 2015 Thanks for the replies people,appreciate them. It does effect our light/sunlight,but I don't hold out much chance of our council being that bothered! We will write back to the council and raise these matters and see what happens. Link to comment Share on other sites More sharing options...
joe jordans teeth Posted June 11, 2015 Report Share Posted June 11, 2015 If it effects your sunlight bill don't give up without a fight mate Link to comment Share on other sites More sharing options...
RedRock Posted June 11, 2015 Report Share Posted June 11, 2015 Out of interest, any planners/former planners on here? Remember doing a holiday stint in Bristol City Planning Dept back in the late 70's. Several reds in the Development Control Dept. Sadly, one was killed in a car crash alongside a few others. RIP Clive far to young mate. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.