How many complaints from neighbours can derail a PD 8m exten

[ey143]

How many objections from neighbours would it take from for the council to decline an 8m rear extension under the neighbour consultation scheme?

 

[Jackrae]

None if the PD don't like what you intended. Democracy isn't quite as straight cut as most people wish.

 

[ey143]

Say again?

 

[tony1851]

If no neighbours raise any objection, then the council has to advise you that it is permitted development and can go ahead (regardless of what the council themselves think about it).

If only one neighbour complains, the council has to look at the scheme, and they then decide if it is reasonable. If they still believe it is reasonable, they will advise you that a neighbour has complained, but the council believes it is OK, and that the development can go ahead.

If they think the neighbour's complaint is justified, they will advise that it is not p.d. and would require planning permission.

Note that 'neighbour' only includes properties immediately next to yours (ie usually either side and at the back). Also, even if a neighbour's complaint is spurious, eg he writes in saying he doesn't want the noise of the building work, the council still has to look at it and decide for themselves.

 

[ey143]

Hi Tony

So there is not a "minimum number of complaining neighbours' required for the council to reject it? It can even be just one neighbour who perhaps doesn't like the fact that a middle section of a house goes back 8m yet is not obstructing their view as both houses are detached, 'doesn't like the idea'?

 

[tony1851]

Hi Tony

So there is not a "minimum number of complaining neighbours' required for the council to reject it? It can even be just one neighbour who perhaps doesn't like the fact that a middle section of a house goes back 8m yet is not obstructing their view as both houses are detached, 'doesn't like the idea'?

Unfortunately that's how it works; only one neighbour need complain.

 

[simonjay]

Hi Tony

So there is not a "minimum number of complaining neighbours' required for the council to reject it? It can even be just one neighbour who perhaps doesn't like the fact that a middle section of a house goes back 8m yet is not obstructing their view as both houses are detached, 'doesn't like the idea'?

Unfortunately that's how it works; only one neighbour need complain.

Do what someone near me did - buy the house next door and then you are the neighbours. Say OK to the work.
Then sell the house.
That was for a shared drive, but it's the same principal.

 

[ey143]

Would you believe me if I told you that I own number 61 and number 63 which is an annex to 61 as a side extension and I'm undoing the previous owners funny work to make house one who detached again. The potential problem is with number 59!

I do have a silver bullet.....his Leylandii trees are as high as my 2nd floor eaves roof line and grown in such a way as to give him privacy which contravenes the rules. It's not bothering me too much....but things can change

 

[freddiemercurystwin]

his Leylandii trees are as high as my 2nd floor eaves roof line and grown in such a way as to give him privacy which contravenes the rules.

Oh oh prey tell what rules be they then me hearty?

 

[LukeB123]

his Leylandii trees are as high as my 2nd floor eaves roof line and grown in such a way as to give him privacy which contravenes the rules.

Oh oh prey tell what rules be they then me hearty?

Might be able to be caught on a "high hedges" legislation?

But yeah there isn't a "planning" rule that covers heights of trees / bushes etc, even if they are being used as, in effect, a boundary or fence.

 

[tigs333]

my mum hand delivered a complaint about the extension being built next to hers - under neighbourhood consultation - nobody from the planning dept - got back to her - the building is being built now - and it blocks out loads of her light and view..

So I'm not overly convinced that the consultation is a consultation anyway...

 

[freddiemercurystwin]

it blocks out loads of her light and view.

So the council took a view on it and disagreed with your mothers point stance. And losing a pretty view is not a valid objection.

 

[ey143]

Correct, it is not a planning issue as such but it falls under the planning dept. It comes under the Nuisance Act revised last year or so I thought I remembered but having quickly googled it now, even more strangely it seems to come under the Anti-Social Behaviour Act. See the following link or google tall trees nuisance -
https://www.rhs.org.uk/advice/profile?pid=408

Basically the rules are that it has to be a series of trees or shrubs that are grown to make it look like one large block, is over 2m on height and blocking out light etc. you can't complain about one tree growing too tall.

More likely to effect evergreens as people try to "grow privacy". I had this confirmed by my local council but refused to create an issue with my new neighbour after we moved in to keep good relations knowing that we will need to do this single storey extension.

 

[freddiemercurystwin]

Correct, it is not a planning issue as such but it falls under the planning dept. It comes under the Nuisance Act

Yes there is now some legislation but no rules as such. And there is a whole host of steps and hoops one needs to jump through before the council will even look at (at your cost) and it will still only come down to the council’s opinion. It would be interesting to know just how many notices are ultimately issued and how many of these are actually acted upon.

And how many will simply not bother with the whole process because they know they will have to cite it when they eventually sell up?

I suspect it is appropriate and useful in extreme cases but otherwise it will have little use.