Extension - Can they do this?

Extension - Can they do this?

Postby Melissa » Wed Mar 30, 2005 2:22 pm

Hi there, a friend recommended this site and I was wondering if you could give me some advice! On the side of our property is a conservatory which overlooks the hills (which is a very beautiful view). Our neighbours have just informed us that they plan to extend their property by building a three-storey extension to ten metres of the boundary fence between our two properties. My husband and I are very upset and we were wondering if they could do this? Any help you could give us would be hugely appreciated!

Cheers,
Melissa
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Postby despair » Wed Mar 30, 2005 2:59 pm

Sadly you are not entitled to a view

However planning and getting permission are 2 different matters

They may well not get planning permision for a 3 storey extension

You will need to round up other neighbours and all make valid objections to the planning application when its submitted ..........hopefully your LA will reject the plan
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Postby Franczola » Mon Apr 04, 2005 2:10 pm

Yes, views are not considered when assessing planning applications, I found this out to my cost.

Your best bet is to claim loss of light as this is considered by the LA.

If i remember correctly the LA need at least 4 out of 8 objections from neighbours before the planning application is refused.

Good luck.

Franc'
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Postby Melissa » Mon Apr 04, 2005 3:11 pm

Thanks so much for your responses. I know we can't claim to view, but was secretly hoping that there was a loophole somewhere. I was under the impression that it was difficult to claim under loss of light, and where should I be looking for this? Thanks again for all of your help!
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Postby Franczola » Mon Apr 04, 2005 5:02 pm

My neighbour's plans for a two storey extension to his house on my boundary line was rejected by the LA as "it would lead to a significant loss of daylight in my property" He had to re-submit plans, and was accepted for a single storey extension instead.

Not sure "where you should be looking for this"? The sun I guess!

Where does the sun come up and go down during the course of the day? Is the planned extension going to block the sun?

You can use this to support your objection, but in my experience the LA were quite good at assessing this and forming an outcome from it.

Franc'
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Postby Melissa » Mon Apr 04, 2005 5:23 pm

haha, when i meant where I should look for it, I meant which legislation! When you say LA, do you mean the Land Registration Act 2002? Thanks again!
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Postby Franczola » Mon Apr 04, 2005 6:33 pm

No, by LA i mean Local Authority ie your local council.

As I said, a right to light is considered but not sure where it will be stated and whether it is able to give exact measurments of how much light is acceptable to neighbours when considering planning applications.

Maybe in information booklets available from your council planning dept. There are many that give advise for developers who wish to submit plans for developments, and a right to light may be mentioned as a consideration for them.

Go to your local council office, they can (sometimes!) be helpful and give you advise. You will also be able to see the planning application made by your neighbour, that may give you more of an indication of how you will be affected.

Franc'
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