Can a neighbour object to LBC appeal?

[rog and gina]

Hi all,
we were refused LBC and planning last year for a small single storey extension, everyone had been consulted and no objections were received other than the co's objection to the amount of extensions that have been built since listing(however we have since found out that no extensions were built since the listing)
The application has now gone to appeal on advice from our CO, as it seems the main reason for refusal isn't valid.
our main problem is that we've just received an objection from the owner of the adjoining property claiming that the extension will reduce the amount of light going into their garden,(the extension is approx 3m x 4m, with a hipped roof to reduce the amount of impact) we have been advised to comment on the objection, but we were wondering if her objection will be taken in to account as she didn't object to the original application?
I should probably add that she has tenants that are a constant nuisance to us, and we have had to recently contact the local council about illegal drugs use and noise, last year they were raided for drugs and charged. we think that she has objected just to be awkward, but obviously it makes things difficult.

Any suggestions?

 

[Lime]

They don't have a right to light.

 

[AMc]

we have been advised to comment on the objection, but we were wondering if her objection will be taken in to account as she didn't object to the original application?

I think the behaviour of the tenants is a red herring regarding the applications - though I have great sympathy - the extension will be there when you and they are long gone.

You don't say who advised you but it would seem to me to write a short, clear explanation of the concessions you've made in the design to minimise the impact on your neighbours.

It wouldn't seem unfair to me that a fresh objection could be considered as part of an appeal - you are asking for a review of the decision so you're hoping for a change in the outcome. Only a lawyer would be able to help you with the legality of the objection but whoever is administering the appeals process should be able to say definitively if it will be considered.

If it is valid then it may be worth trying to negotiate with the neighbour to see if there is anything you can do to get them to remove their objection. Always going to be tricky of course but an option.

 

[TheForge]

They don't have a right to light.

In the deeds to our house there is a convenant for 'free passage of light' to the neighbouring property, so in some cases they could.

I think a neighbour could legitimately object if it was reasonable to expect light would be reduced.

 

[johnandrew]

My understanding is that you can't submit comments at the appeal stage unless you did so when the application was being considered. But I might be wrong.

John

 

[Schoolmarm]

Would it impact on their light? Check what direction the sun mainly comes from into their garden. If you are northerly with respect to them, then it will have little impact.

 

[rog and gina]

thanks for your comments,
I called the case officer, he said it would be worth commenting due to the issues we've had with the tenant, also forgot to mention the owner of next door has expressed great interest in buying our house as they have no driveway, and with restricted parking on the road an estate agent has informed her that the house would be unlikely to sell without any officail parking.
The back is North facing, they have erected a 6ft fence all the way along and have huge(over40ft) trees. Also, the roof would be no higher than the roof that is already in place.
It does seem strange that someone would be allowed to object 6 months after the original planning application even though they didn't object then.

I'll upload a couple of pics, so you can get an idea

 

[Schoolmarm]

The back is North facing, they have erected a 6ft fence all the way along and have huge(over40ft) trees. Also, the roof would be no higher than the roof that is already in place.

I imagine this pretty much makes their objection groundless. The trees and fence could be removed, but not the roof?

 

[rog and gina]

This is a diagonal view of the back extension(nasty 1970's styling!!) this will be rebuilt from the door, and extend approx 3m further into the garden-hopefully!!

 

[robgil]

You know in fairness if someone wanted to extend and it would put my garden into shade I would object as well. Was the original application submitted in the winter? Lack of sun may not have been an issue.
I think the tenants behaviour will have very little if anything to do with a decision.

 

[rog and gina]

It was submitted in July last year, we had spoken to the owner years ago about the possibility of extending and she was fine about it. Either way we will be replacing the badly built area(permission was granted in 2003 to re-build it with a hipped roof) hopefully we'll be able to have the extra bit.
we only have till 25th May to hear what the inspector has decided, fingers crossed
Thank you all for the advice
Gina

 

[MatthewC]

It wouldn't seem unfair to me that a fresh objection could be considered as part of an appeal - you are asking for a review of the decision so you're hoping for a change in the outcome.

To me it would seem unfair as an appeal is surely only meant to consider the reasons for not allowing the application - it is not a complete re-assessment of the application. If you allowed neighbours a second bite of the cherry you would never get to a conclusion!

See http://www.planningportal.gov.uk/uploads/pins/gpa_10.pdf - "Introduction of new evidence/material at appeal" which says "it is expected that new material not considered at application stage should not normally need to be considered at appeal, unless it is in direct response to the issues raised by the local planning authority’s decision" and "unless there is a material change in circumstances which could not have been foreseen at the time of the local planning authority’s decision, new issues and wholly new evidence should not need to be introduced at appeal. This is in the interests of fairness so as to ensure that no party, including any third parties, is disadvantaged."

We considered appealing about the refusal of our extension but it all seemed so much stress and expense...

Matthew
http://houseintheenchantedforest.blogspot.com/

 

[Penners]

Hello Rog & Gina - it's been a-g-e-s since we last heard from you!

I have no idea whether there is a right to bring up a new planning objection at appeal stage, but so far as the Right to Light is concerned there seem to be several stipulations that need to be met for such a right to exist.

One is the 20-year rule. Has the affected window enjoyed light for 20 years, of which it will now be deprived because of your extension? (I'm not sure whether this applies to the window itself or to the owner of the window - ie: does the 20 year period re-start when a new owner buys the building?)

In your case, it's possible that the 45-degree rule may also be relevant. If you draw an imaginary line upwards at 45 degrees from the affected window, does the extension break that line?

You can read more here: http://www.planning-applications.co.uk/righttolight.htm

Do let us know how you get on.

 

[d49xc]

Worth also noting the following scenario on appeals,revisions etc.....

Planning application goes in
Numerous local objection
rejected by council
goes to appeal
in the meantime pending the appeal the applicant suddenly revises the application and say they want the appeal to be considered on the basis of the revision done to "appease local concern"....you get the drift

Appeal rejected and furthermore appeal decision stated that such modifications to the application after the council had made their decision would NOT be considered by the appeal panel and they only consider the application as it was originally made/decided upon at the local council stage.

 

[Schoolmarm]

I am not sure, but I believe that there is no "right to light" in as garden.


Pilman will know on gardenlaw.co uk forums.

 

[Penners]

I am not sure, but I believe that there is no "right to light" in a garden.

Ah - well spotted, 'Marm. I missed that point. And I agree with you, insofar as my extremely amateur knowledge stretches (which ain't far!). I think the right-to-light only applies to windows.

 

[AMc]

It wouldn't seem unfair to me that a fresh objection could be considered as part of an appeal - you are asking for a review of the decision so you're hoping for a change in the outcome.

To me it would seem unfair as an appeal is surely only meant to consider the reasons for not allowing the application - it is not a complete re-assessment of the application. If you allowed neighbours a second bite of the cherry you would never get to a conclusion!

I guess I was mixing up reapplication (to attempt to get a different decision by addressing the original objections) vs. appealing decision being based on inaccurate information e.g. the number of extensions since listing was too great when none had actually been built.

 

[rog and gina]

Hi all, thanks for the comments,
The extension would be going about 3m further into the garden with a hipped roof, the issue she has raised is about lack of sunlight going into her garden, she has no windows facing it, and only a wood shed against the current party wall.

we have prepared a letter commenting on her concerns, after having time to calm down a bit I think that its given us quite a good opportunity to give a bit more information.
we'll keep you updated

 

[AMc]

Good luck!

 

[robgil]

So how come there is a 6 foot limit on garden fencing then?
(silly question of the day)