Advice please for a rejected planning application

[Lombear]

I have recently had my plans rejected with the reason given that my side extention would be an infringement of the 45degree right to light from a study window in my neighbours property. My neighbours have not rejected the application and their window is mostly blocked by some large bushes which are on my property so about a meter from the property. The frustration is that my neighbours have to under aken the same development and have somehow been approved although they have had to inset the 1st floor by a meter, but even so this would still be an infringement of the 45 degree rule for their neighbour.

So my question is that whilst I understand this is council policy, is there anyway to overcome the issue if I have the backing and support of my neighbours. Effectively if my neighbours waive their right to light is it possible to get my plans approved under appeal.

Thank you in advance for any advice given.

 

[^woody^]

No. The application is assessed on appeal based on the council's implementation of its own policies. Basically, if there is a 45 degree policy, then you must conform to it.

The neighbour can't do any waiving. Except probably to you out of that window.

 

[garyo]

So my question is that whilst I understand this is council policy, is there anyway to overcome the issue if I have the backing and support of my neighbours. Effectively if my neighbours waive their right to light is it possible to get my plans approved under appeal.

I was in a similar situation six months ago. The neighbour was fully on board, telling me that I should make the extension bigger otherwise it's not worth doing, telling me that the planning people will knock me back 20% anyway so I need to apply for something 30% bigger than I need anyway. He's a great chap, and when I was told the application would be refused because it would be overbearing on the neighbour, they weren't interested in his view on the basis that he knows nothing about planning law or policy, whereas they do because they're the experts. They represent the interests of the properties, the street scene, and the community, and not of the current occupiers.

Can you amend your plans to show that the neighbour will be bricking up their window as part of the works

 

[Lombear]

Thanks woody and Garyo.

Woody your last comment made chuckle especially as I am so annoyed at the outcome.

Garyo, funny enough I thought of the same thing. I was considering saying to my neighbours if I compensate you would you let me brick up the window whilst the plans go through. Knowing my luck the council would then find some other technicality to reject it.

Cheers.

 

[garyo]

Garyo, funny enough I thought of the same thing. I was considering saying to my neighbours if I compensate you would you let me brick up the window whilst the plans go through. Knowing my luck the council would then find some other technicality to reject it.

I wouldn't fancy your chances and the suggestion was a little tongue in check, but stranger things have happened! They could also convert it to a non habitable room - bathroom etc.

 

[^woody^]

Can you post a site plan showing the relationship between the two properties and the road, with the widow and 45° line marked.

Remove any identifying text.

 

[Alec_t]

....with the widow and 45° line marked.

That would be an invasion of her privacy .

 

[^woody^]

That would be an invasion of her privacy .

Just the line then. No widows - unless she's hot.

 

[Lombear]

Thanks for your comments everyone. My house is the one on the left in the photo but #23 on the drawing looking from the rear. What I was trying to do was replicate the house in the middle . There is a study window on the ground floor just behind the dormer which is preventing my plans going though. Somehow my neighbours have been able build although they had to step the 1st floor by a meter. I am waiting for the planning officer to respond to my request to do a similar thing but I am dubious . You can from the next picture the line of sight would still be an issue.

 

[Lombear]

 

[wessex101]

I assume the neighbour's study window is the 3 pane window towards the rear of the building seen from the birds eye view photo. In which case it looks like this is a room which has been enclosed by an extension so originally that room might have had a second window to the rear elevation. Either way I doubt the study is an original use of the room and it was not originally a habitable room with only 1 window on the side elevation. Your house appears to have the same situation with a rear flat roof extension and 2 windows on the side elevation.

It seems unfair if the neighbour has undertaken alterations that has created a new room that relies entirely on your driveway remaining clear to get any daylight.

I do not know the planning rules on this but I would have thought you could put forward an argument that later modifications to the neighbours property have effectively meant you cannot have a side extension, possibly not even a single storey one, which is inequitable especially as the neighbour has built a large side extension on the other side. Especially when it looks like the new roof slope will be quite low near the rear eaves where the offending window is.

 

[^woody^]

have effectively meant you cannot have a side extension, possibly not even a single storey one, which is inequitable especially as the neighbour has built a large side extension on the other side.

That's not an argument that carries any weight in planning law.

 

[^woody^]

What I was trying to do was replicate the house in the middle . There is a study window on the ground floor just behind the dormer which is preventing my plans going though. Somehow my neighbours have been able build although they had to step the 1st floor by a meter. I am waiting for the planning officer to respond to my request to do a similar thing but I am dubious . You can from the next picture the line of sight would still be an issue.

What is your council's actual policy on how the code is implemented?

Many councils only apply the code to front and reat habitable rooms, and only side elevations in specific circumstances. Does your council state specifically that it will apply the code to this type of situation?

 

[Nakajo]

I don't think you'd win, but I can't see the harm in lodging an appeal - including a supporting statement from your neighbour

 

[Lombear]

I don't fancy my chances with the planning office but am currently waiting to hear back if there is any negotiation. Will let you know the outcome. In the meantime attached is an extract from the Residential Extension and Alterations SPD Document. Unfortunately it appears pretty clear on policy.