Neighbours objection to planning permission

[Saqib Mughal]

Hi All,

Hoping some kind persons on here can offer some planning advice.

We’ve applied for planning permission on a property we’re in the middle of purchasing (applied in advance of completing as we’re currently in temp. accommodation so hoping to get on the with build quickly).

We’ve had two neighbours put in some objections and not sure what that means in terms of our application or if it means it will get rejected now?

I’ve linked below the application drawings and the objections it would be great to get your thoughts on likelihood?



Drawing

https://pa.chilternandsouthbucks.go...FA-604_PL-01_P1_PLANNING_DRAWINGS-4196950.pdf

Objection

https://pa.chilternandsouthbucks.go...0_3520_FA-MR_PETER_LERNER-OBJECTS-4224330.pdf



Other useful info:

• The house is in terrible state – current owners have moved into a care home so we’re looking at a full renovation. Garden is significantly over-grown.
• Our front garden is half grass half driveway. We’re looking to convert into full driveway – identical to what both our neighbours have done – including the objectors.
• The ground floor windows complained about look directly at an existing boundary wall between the two properties – rather than into their garden/lounge as they’ve stated (it would do if there was no wall in between).
• The objector has done a double story side extension similar to ourselves (many years ago)
• We discussed our plans with the neighbours before putting the offer in on the house and unfortunately at that time they raised no concerns.

Just looking to see how much weight these objections might have and whether we should be re-considering the property. It concerns us as the objection is so formal and done by a planning consultant!

Really stressful time for us right now so super appreciative of any advice!!

Thanks,

Saqib

 

[freddiemercurystwin]

The links don't work.

 

[freddiemercurystwin]

working now

 

[^woody^]

Does this mean there is now a neighbour dispute to the property sale?

I've not read the links, as that's one big objection. But generally, neighbours can only object to issues relating to planning policy and not that they don't like it or it will affect there house value or suchlike. "Amenity" is the Joker played as a catch-all, but is subjective.

Does the design meet the councils planning policies?
Do the objections relate to the design not meeting the council's planning policies?

Those are the issues.

 

[JP_]

Can you just go with the current plans, dither with the buy, see if you can get a decision before you need to exchange contracts?
if it goes ahead you get the house you want, but resentful neighbours who have already decided what all the problems are going to be ...

 

[Saqib Mughal]

Does this mean there is now a neighbour dispute to the property sale?

I've not read the links, as that's one big objection. But generally, neighbours can only object to issues relating to planning policy and not that they don't like it or it will affect there house value or suchlike. "Amenity" is the Joker played as a catch-all, but is subjective.

Does the design meet the councils planning policies?
Do the objections relate to the design not meeting the council's planning policies?

Those are the issues.

Thanks for this. Well we don't currently have a neighbour dispute (although I don't know what the definition of this is). We've met a couple of times at the property and they were actually extremely friendly with us. Hoping to continue this.

I like your point on the objection against planning policies. My architect is comfortable that we've complied with all policies and that the design is sensitive. Hoping that if that is the case then the objections won't affect the outcome of the application.

Can you just go with the current plans, dither with the buy, see if you can get a decision before you need to exchange contracts?
if it goes ahead you get the house you want, but resentful neighbours who have already decided what all the problems are going to be ...

True. I'm trying to keep the peace with them as much as possible as mentioned above we're quite friendly right now. Also planning on sending them an xmas card and chocs - to show we're nice people!

Most of his problems with the actual build I don't think will be problems. Ground floor windows will not overlook his garden as there is a 1.8m high wall in between. And removing our garage will not lead to us parking on the street as our driveway is big enough to multiple gardens... etc etc. I fear their real/bigger issue is not wanting to sit through 4-6 months of building works which I completely understand and will try to reassure we'll do our best to minimise the impact on them.


Thank you both for your responses - massively appreciated!

 

[^woody^]

Have you responded to the complaint detailing how the issues complained about are not really issues, or how the design is sensitive?

A carefully worded response countering the complaint and dealing with the issues complained about can be useful.

What about a letter of support from the current owner? Especially if they don't get on with the neighbours and there are underlying issues.

 

[Saqib Mughal]

Have you responded to the complaint detailing how the issues complained about are not really issues, or how the design is sensitive?

A carefully worded response countering the complaint and dealing with the issues complained about can be useful.

What about a letter of support from the current owner? Especially if they don't get on with the neighbours and there are underlying issues.

Yes we've responded the case officer with our thoughts on the objections. We've stated where the neghbours concerns are unfounded and explained why. And then there are a few objections relating to street scene (doing a double story side extension and converting the front garden into a driveway) but both of the neighbours on either side (including the one with the objection!) have double story side extensions and front garden to parking conversions so have said it would make the street scene more consistent.

The house is being sold via a power of attorney as the elderly owners have gone into a care home so they won't be much help. I don't think there were any previous issues with neighbours to be fair. Will just have to try and manage this one carefully and try to keep them happy through the build so no animosity develops. God willing.

 

[^woody^]

Good luck

The next challenge will be the Party Wall Act if it applies. Not a barrier, but by the sound of it the neighbours will cost you dearly.

 

[Saqib Mughal]

Thanks. I've just googled party wall act. When does it apply? It says on or near a boundary wall. The current house is 0.5m away from the boundary wall. Our build is actually going to increase this to 1m to create an alley way in between the house and boundary wall. Do you think in this case we would still need to arrange a party wall agreement?

 

[^woody^]

Excavation within 3m or 6m of a neighbour's foundations and going lower than them. Ask your plan drawer if it will potentially apply.

 

[johnny2007]

Who wouldn't love moving to a neighbourhood where the neighbours already hate you...
If I were you I would pull out on the 11th hour, or...
Move there, do the big build, live miserably for a while with council officers at the door every 2 minutes and sell to the biggest trouble makers you can find.
Drug dealers, family of 35, fair ground people, young people who inherited money, someone to completely make your potential neighbour miss you.
I know a guy who did this to his pain in the bum neighbour.
They would have "family" around everyday (30/40 people) music, strong smell from asian food, cars parked across driveways, etc.
When my friend had a couple of us in the garden on a Saturday afternoon, the council officers would show up.
He sold the house to a chinese bloke who installed a clothing factory and dormitory in the house, working 24/7.
As they don't even exist on paper the council gave up, the neighbour sold the house for peanuts to... THE CHINESE.
The dispute had gone so bad that it could not be hidden anymore and their house became unsellable.
Walk away or be prepared to do nasty things.

 

[Captain Nemesis]

Streetscape?

Please dont take this as denigrating anything - its a nicer looking street than mine, but its hardly a Nash terrace...