Neighbour Consultation Objection

Discussion in 'Builders' Talk' started by niranhopper, Aug 11, 2017.

  1. niranhopper

    niranhopper New Member

    My neighbour was planning a 6m rear extension and had applied for permitted development. There was neighbour's consultation and I had objected to the plans and the council rejected his application. Later he talked with me politely and said that he will alter the plans to be 4m on my attached end and 6m on the detached one. It seems an amicable solution and he reapplied with the new plans reflected on his application in the planing portal.

    Now having been granted the permissions, he is indicating his intentions to build 6m on my end which I had previously objected. I contacted the council and they are telling me that he has the right to do it although his application contained a different plan. The plan on his application is not relevant. I feel i have been tricked by my neighbour. The council seems to understand my situation but they cant do anything to stop him.

    I urgently need advice on what to do. He also has plans to build another 6m rear outbuilding and it is going to end up with a long wall on one side of my property which is unsightly.
     
  2. Dr Bodgit

    Dr Bodgit Well-Known Member

    Confused...an extension is either within permitted development or its not. The council would reject an application as being within permitted development if it wasn't...so I assume 6m was not within PD but 4m is.

    I would go back to the council and seek clarification as to what permission has been provided exactly (e.g. confirming plans are within PD or something else) and what the scope of PD is.

    The scope of PD is outlined here, may be you can establish then if a 6m extension would still meet these criteria? https://www.planningportal.co.uk/info/200130/common_projects/17/extensions
     
  3. niranhopper

    niranhopper New Member

    Thanks for the quick reply. As per new relaxation rules, 6m (increased from 3m) is allowed permitted development for a rear extension to a semi-detached house. So my neighbour has submitted the second time again for 6m but with revised plans showing 4m on my side and 6m on the other side. I assumed that he will have to stick to the plan that he is submitting but looks like that plan is irrelevant.
     
  4. Dr Bodgit

    Dr Bodgit Well-Known Member

    What I don't understand though, is that if the plan is irrelevant, why was it "rejected" the first time.
     
  5. niranhopper

    niranhopper New Member

    ok. So there was a neighbour consulationt letter and I voiced my view on why it should not be 6m in depth on my side (first time the plan show 6m on both sides). Hence the council rejected his application. But the second time he change the plans but still kept 6m on the application (since the other side wall was 6m). This i didnt object as I found it reasonable from my point of view and the council approved his application. Now he can build his original plan and it looks like I cant object as my time has expired.
     
  6. Dr Bodgit

    Dr Bodgit Well-Known Member

    So the outcome of the neighbour consultation is not binding then? If what is going to be built is within PD rules then I guess you have to suck it up.
     
  7. Devil's Advocate

    Devil's Advocate Well-Known Member

    Sounds hellish.

    Don't really know what to suggest, and don't really know where you stand.

    When you spoke to the council, they must have explained things? Eg. when you objected - and they seemingly accepted the 6m objection by refusing his application - they surely made it clear that 6m was 'too big'? So what is their reasoning for now seemingly not being prepared to enforce this judgement?

    They MUST give you an answer to this. Only then will you know how to act (or if you even can...)

    Do you have Legal Protection included on your home insurance? If so, phone them up for advice. Tbh, I suspect they would n not be prepared to take on such a case - it sounds too woolly and potentially costly - but they probably will be prepared to fire a warning shot across your neighb's bow. Eg - they might send him a letter suggesting that, should he proceed with the 'refused' plan, you will enforce action to make him take it back down at his expense - and that will be costly to him.

    I honestly don't know how much of this would be technically 'bluster', but if I were 'pushing the rules' and a neighb told me they had £50ks of LP and were going to stuff me up, then I'd be wary.

    (Of course, being a nice guy - unlike your neighb - I wouldn't PtR... :rolleyes:)

    IF you have LP - and perhaps even if you don't - it's time to approach your neighb for a chat (ideally witnessed or recorded). You point out - nicely - that his build/found markings look quite six metreish rather than 4, and you were curious about this. You mention - as casually as possible - that you have LP amounting to £50/100k with which to take action should he contradict his planning consent. And gauge his reaction.

    Meanwhile, your council should be able to explain WHY they won't stop him if he breaks his PA?
     
  8. Mr. Handyandy

    Mr. Handyandy Screwfix Select

    I would have thought that if the grounds to refuse the first application were your objection(because of your objection), then that objection should still stand. You have not retracted that objection, I presume.
    The council should not allow the 6m if it has been refused and not retracted by the objector.
    Just my thoughts.
     
    KIAB likes this.
  9. stevie22

    stevie22 Active Member

    Try your local councilor: they can be very happy on planning matters. He should not be building something the planners have rejected.
     
  10. jonathanc

    jonathanc Active Member

    what your neighbour is doing is using the larger home extension permitted development rules. See this link

    https://ecab.planningportal.co.uk/uploads/1app/guidance/guidance_note-larger_home_extension.pdf

    in particular para 8.

    the council are wrong - he has to develop in accordance with the plan. They have a duty to enforce if he does not. Suggest you politely contact your planning department again and take lots of notes etc. If they fail to intervene then after your local councilor.
     
  11. joinerjohn1

    joinerjohn1 Screwfix Select

    Start a war with your neighbour. Pile rubbish up against their fence. Let the tyres down on their car. Paint your house a garish colour, one they don't like. Put cctv cameras up to record them getting mad. Park your car outside their house, etc, etc, etc, and do get in touch with Channel 5 so you can appear on "Nightmare Neighbours" Before you know it the cameras will be rolling and you'll be famous (for a few minutes). :D:D:D:D
     
    gadget man likes this.

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