ChatterBank1 min ago
Neighbouring Property
If you’ve lived in a nice place with nice views for some time, then a neighbour - despite your official objection - gets permission to build a gigantic extension which overlooks your property, blocks your view, and devalues your property, is there anything you can do re seeking compensation from them or the council?
Answers
//I wonder what some people do in their house/garden that makes them worry about neighbours overlooking them.// I simply couldn't cope with living anywhere where we were overlooked by anyone. I suppose one day I may have to. We don't do anything offensive to anyone in our house or garden. We simply like privacy.
15:12 Tue 04th May 2021
this has already been covered by previous answers but no - if your neighbours have got permission, the proposed extension is most likely within planning laws, so nothing illegal has happened, and they would have taken your concerns into consideration already.
i don't understand how you would work out how much compensation to get for loss of view (your "nice view" might not be anyone elses idea of a nice view)How do you know it devalues your property - it hasn't even been built yet. it may increase the value as prospective buyers can see they could have a massive extension themselves and there is now precendence and pay more
i don't understand how you would work out how much compensation to get for loss of view (your "nice view" might not be anyone elses idea of a nice view)How do you know it devalues your property - it hasn't even been built yet. it may increase the value as prospective buyers can see they could have a massive extension themselves and there is now precendence and pay more
"overlooks our property" often means that the extension would be visible from the neighboring property, and that could be considered as being overbearing (which the planners seem not to have considered a serious issue). Overlooking from windows could occur, but the OP doesn't make this clear; in any case the planners decided that that wouldn't justify refusal.
I doubt if expensive planning consultants would make any difference in the case of a straghtforward domestic extension where the issues would be few and clearly assessable.
There is a presumption in favour of granting planning permission unless there would be significant demonstrable harm to interests of acknowledged importance. There would be no justification for refusal solely on the basis of a neighbour's objection, without significant demonstrable harm being caused. There has to be a failure to comply with local planning policy, not simply a local referendum; how would the OP feel if he proposed a perfectly reasonable extension and it was refused, the reason for refusal being that a neighbour didn't like the look of it, or a neighbour disliked the applicant personally.
It does seem that the issues would have been assessed and the decision issued lawfully. If that wasn't the case the decision could be challenged in terms of lawfulness. e.g. important issues were not considered, or proper procedures were not followed. Legal challenge would be costly, win or lose.
I doubt if expensive planning consultants would make any difference in the case of a straghtforward domestic extension where the issues would be few and clearly assessable.
There is a presumption in favour of granting planning permission unless there would be significant demonstrable harm to interests of acknowledged importance. There would be no justification for refusal solely on the basis of a neighbour's objection, without significant demonstrable harm being caused. There has to be a failure to comply with local planning policy, not simply a local referendum; how would the OP feel if he proposed a perfectly reasonable extension and it was refused, the reason for refusal being that a neighbour didn't like the look of it, or a neighbour disliked the applicant personally.
It does seem that the issues would have been assessed and the decision issued lawfully. If that wasn't the case the decision could be challenged in terms of lawfulness. e.g. important issues were not considered, or proper procedures were not followed. Legal challenge would be costly, win or lose.
//I wonder what some people do in their house/garden that makes them worry about neighbours overlooking them.//
I simply couldn't cope with living anywhere where we were overlooked by anyone. I suppose one day I may have to. We don't do anything offensive to anyone in our house or garden. We simply like privacy.
I simply couldn't cope with living anywhere where we were overlooked by anyone. I suppose one day I may have to. We don't do anything offensive to anyone in our house or garden. We simply like privacy.
Our neighbour applied for PP to build a massive extension almost up to our property. It was approved and the decision was affirmed by the Local Govt Ombudsman, despite our view that the local authority had not abided by its own policy.
We threatened to take out an injunction on the grounds that it breached our legal right of light (which can override PP). They backed down and eventually moved away.
We threatened to take out an injunction on the grounds that it breached our legal right of light (which can override PP). They backed down and eventually moved away.
