We have already told them and they said they cannot accept it as its a bedroom, all the neighbours on the rear side dont have there bedroom windows frosted as they can also see straight in to my rear garden like we can too.
Planning permission refused and appeal refused what next?
- Thread starter Peters1
- Start date
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If you address the individual planning issues they cannot reject it.
Again, why is frosting not acceptable ?
You could change the glass in a few years once it's all blown over !
Building with a diagonal corner may be rejected for other reasons, of course.
Really, we would need to see a full plan of the situation to be able to appraise it properly.
Of course you may be stuck if there really is major corruption in the planning process !
Who cannot accept it as a bedroom - the planners or the neighbours ?
If not, can they accept it as another type of room ?
Then you can change its use in a few years.
Unfortunately precedent does not have much bearing on planning issues. Just because some else did something previously does not mean they would be able to do it now.
http://www.planningportal.gov.uk/permission/commonprojects/extensions/
"Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor."
Doesn't seem to say except for bedrooms! Even if your window is rear facing I can't see how obscured cannot be permitted if the same bedroom would need it if side facing.
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Is the planning issue solely down to the windows, or is it something more fundamental, such as overshadowing and loss of outlook?
Assuming I found the correct property, the original decision said
No idea what the appeal said, the council site still says it wasn't appealed.
It would probably be possible to mitigate point 2 by dealing with the glazing, though with only a top opener, there would be no escape window and the house would need a protected escape route with fire doors etc.
Point 3 is down to matters of opinion, but point 1 seems more fundamental. Don't know if it's a terrace house but - if so- it would be hard to argue that there wouldn't be a considerable loss of light/outlook with a 3m extension along the boundary.
Point 3 is down to matters of opinion, but point 1 seems more fundamental. Don't know if it's a terrace house but - if so- it would be hard to argue that there wouldn't be a considerable loss of light/outlook with a 3m extension along the boundary.
How similar is this extension to others in the area ? Any notable difference - should be able to see something on google streetview or maps. It would not seem fair if many of the neighbours have a similar extension and this one is not permitted.
But there can be reasons - for example if the extension blocks the neighbour's only source of light but the other houses receive light from two directions.
An appeal should test if the subjective opinions were justified and explain why such an extension was granted for others previously whereas this one is not. The reason may be a change of local plan, etc., but it should be explained properly.
If it cannot be explained properly they are hiding something !
Unfortunately, all this debate about windows and alleged wrong-doing by councillors and officials is academic.
The appeal has been dealt with and OP now has to come up with a solution which causes him minimum disruption and cost.
The appeal has been dealt with and OP now has to come up with a solution which causes him minimum disruption and cost.
The house is a semi, and yes there is a light issue with the house next door, if for eg we had paid them the £4k the light issue would dissapear, their actuall main issue is the bottom floor extension as most of the time the family sit there, that particular planning application had already been passed before this so they cant really do anything about that.
So they are just trying to cause as much havoc as possible as they knew the top bedroom application was not passed.
Also if your standing at the neighbours living room facing the window, on the left side we have our double storey 3m extension but on the other side they have a 4m single storey kitchen extension hence there living room light has been blocked so they say.
Where we live is a very popular area where people have made so many extensions, in one area they are terrace houses back to back and their extensions come so close to each other.
There is a community centre 6 doors away on the same side of our house and thats a double storey yet comes approx 5 meters out.
The inspector did also mention the height of the roof , but the pitch of both roofs is exactly the same if viewed side by side with the neighbours.
If you forward your email add i can forward you the appeal decision and some pics of the property so you will have a better understanding.
So they are just trying to cause as much havoc as possible as they knew the top bedroom application was not passed.
Also if your standing at the neighbours living room facing the window, on the left side we have our double storey 3m extension but on the other side they have a 4m single storey kitchen extension hence there living room light has been blocked so they say.
Where we live is a very popular area where people have made so many extensions, in one area they are terrace houses back to back and their extensions come so close to each other.
There is a community centre 6 doors away on the same side of our house and thats a double storey yet comes approx 5 meters out.
The inspector did also mention the height of the roof , but the pitch of both roofs is exactly the same if viewed side by side with the neighbours.
If you forward your email add i can forward you the appeal decision and some pics of the property so you will have a better understanding.
There is no magic solution, sometimes life’s like that!
As tony1000BC says the appeal has been dealt with. As has been mentioned with respect to the appeal he either complains or challenges it legally. Both options will not be sorted on the forum and the latter at least would cost an arm and a leg and given the OP’s situation that sounds like a no go and is a very high risk option.
Therefore his options seem to be either that he is into (potentially if it comes to it) removing the illegal works, or trying to achieve a compromise with another application and adjusting the extension, assuming that the planners were open to any kind of meaningful adjustment, which by the sounds of it they will not be and in anycase the OP doesn't seem to have funds for this either.
No amount of faffing about on an internet forum talking about what was and wasn’t considered in the appeal will change the above.
As tony1000BC says the appeal has been dealt with. As has been mentioned with respect to the appeal he either complains or challenges it legally. Both options will not be sorted on the forum and the latter at least would cost an arm and a leg and given the OP’s situation that sounds like a no go and is a very high risk option.
Therefore his options seem to be either that he is into (potentially if it comes to it) removing the illegal works, or trying to achieve a compromise with another application and adjusting the extension, assuming that the planners were open to any kind of meaningful adjustment, which by the sounds of it they will not be and in anycase the OP doesn't seem to have funds for this either.
No amount of faffing about on an internet forum talking about what was and wasn’t considered in the appeal will change the above.
Oh, sorry, I read "OP now has come up with a solution ...". Not quite the same meaning there !
The architecht has contacted me on fiday, he has confirmed he had phoned the enforcement officer and the officer has asked him to come down and see him next week, so i guess there might be some hope to resolve this issue, what do you think we should tell the enforcement officer? as we did after all make it to the planning officers recomendations, maybe tell him we will put frosted windows in both the rear bedroom windows? afterall we only go to sleep in them rooms, any suggestions?
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