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Opposing a Planning Application

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Kassee | 15:31 Tue 30th Aug 2011 | Law
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I have lived in the same little bungalow for thirty years, and my neighbour died last year (she has a large garden). I have now received planning application for the property next door to demolish her bungalow and build three large detached houses and detached garages on the plot, with a road for access. One of the houses is planned to be built next to mine, just over the boundary. At the highest point it will be 9 meters and I live in a bungalow. It will completely overshadow my home. My kitchen and my lounge window will look out to a brick wall (no windows in this wall).

Also I am pretty sure it will devalue my property and that I may even have trouble selling, as we will be so overlooked, and constantly in the shade. I think my rooms will be quite dark, as I wont see the sky at all.

What should I do - just right a letter stating the above and sit back and wait. I have rung the Case Officer at the council three times, to talk to her, and she still has not got back to me, apparently she is busy !!

The plans of the bungalows in the road are drawn wrong - wrong shapes and sizes - so what else is wrong I wonder ? Any help would be appreciated.
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I may be mistaken but I always thought there was a law regarding 'right to light' insofar as a wall/building/structure couldn't be built to take away the natural daylight.
well it cant be over your boundary....

is that what you mean?
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EDDIE 51 is quite right. Don't hang around, or the house may be up and you may be too late. Enter "objections to planning applications advice" into your search engine for a list of suitable websites. Try these two for starters:
http://www.planning-a...tions.co.uk/page1.htm
http://www.right-of-light.co.uk
Well said, Eddie ................ the "right to light" is not as simple as most people think. A solicitor is definitely recommended.

Legalities aside............. on a practical note........ assuming the project goes ahead, talk to the Planning Officer about the height. 9 metres is way more than necessary for two stories. In fact, negotiate! The Developer will want neighbours on his side if possible. Unlikely, I admit ........... but 7 metres is fairly normal for two stories if there is a gable end. There doesn't have to be ......... a "hipped" end (slopey bit of roof just like the front and rear slopes) will reduce wall height to around 5 metres....... making a lot of difference to your light.

Challenge the whole proposal NOW ........... in writing. Get on record. Take legal advice........... better still, employ a Planning Consultant. They are more clued up than lawyers.
^^^^^ ahem .......... I think that should be "storeys" :o(
I don't think I have much to add but a sympathetic ear. You will be able to establish some right of light I'm sure and if there is a predominance of bungalows in the street, then a height restriction might be possible to protect the sky line.

As others have suggested get some legal advice as you will only have the one chance to state your objections in the most appropriate way.
Would this proposed development affect any of your neighbours? Contact them to see if they'd be prepared to oppose the scheme.
If in the UK, go immediately to the Citizens Advice Bureau. Don't wait.
I once complained about a plan my neighbours had on the grounds that the area was completely unsuitable, with no similar properties for miles around. I also complained that the plans were distorted, and I suggested ( without libel ) that the distortion was in order to make the plans look more acceptable than the finished buildings would be.
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There will be a deadline for lodging objections - you can do it yourself. We had a field at the back of our houses which was fallow, and plans were submitted for a three-storey block of flats which would have overlooked us and stolen our sunlight. Enough people objected - the plans were refused and we ended up with a much more acceptable two-storey development.

You do have a right to light and privacy. Get your local councillor on your side too, ring them tomorrow.

The paperwork you have received will tell you how to object - don't waste time, do it.
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Thank you all for your help. Have rang the Case Officer twice today but they were "away from their desk" each time and did not get back to me. They seemed slightly annoyed that I had telephoned, as I could make my objections online. But I do want to speak to them first. Tomorrow I will go to council offices to view the plans to see if they are clearer. The plans submitted online were not at all accurate, both my own property and next doors were drawn wrong. So what else could be drawn wrong.

What I would like to know is the height of my bungalow, so I can compare it to this 9 metre height of the proposed house. But how can I work out the height of a bungalow ?
Your bungalow is likely to be about 5m high. Very roughly 2.5m for the rooms and another 2.5m for the roof space.
You can work out the height of your house as follows:
go outside and measure the height/thickness of one brick. Measure from the lowest edge of one brick, down to the corresponding edge of the brick below. This measurement will include the mortar joint. (In my case, that is 3 inches.) Count the number of bricks, from ground level up to the highes point, then multiply by 3 inches (or whatever you have) to get the height.
I would have measured it by walking a measured distance away, taking a sight line from the ground to the top of the bungalow, checking the angle of the sight line and calculating the triangle.
It sounds from your description that it will be a house amongst many bungalows, the overlooking of the bungalows should be a consideration against the building of the house. It may be worth rallying around other residents to see if they would also object on the basis that a two storey house would be too intrusive, and would affect their private amenities and right of enjoyment to their property.
Bear in mind that any devaluation of your house is not allowed as a reason for objection.

If you do object, don't go overboard or get emotional or pick up on small things like the plans are drawn wrong.

Just point out that the house will be very close to you. You don't have a right to light or a view but privacy will be taken into consideration to some extent.

To be honest anybody putting in a development of four houses would take into account all the things that will be OK with the planners and will have had meetings with the planners before putting in the application so that there is every likelihood that the plans will be passed. They will know what they are doing.
Sorry I should have said three houses, but the same applies.
You can also object if you think the new development is not in keeping with the immediate locality.

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