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Hello, We live in a detached house with a semi detached house next door. That house has just been put on the market and I notice that it says with recent planning permission for a 2 storey extension. I thought that can't be right as we have at no time been informed, either by the neighbours or the Council that a planning application had been submitted. I therefore looked on the Council website to find that an application was indeed submitted on the 2nd April, and had subsequently been approved. The deadline for comments being the 26th April. We knew absolutely nothing about this, we have received no notification from the council and no notice has been posted outside anywhere either. Our kitchen, which will be affected, is north facing and extremely dark anyway, and this extension will be about 6-7 feet away from our back door, making it even darker, and completely blocking the view out. Is this lawful, as I am sure that we should have been consulted and given an opportunity to raise objections, which we would have. Can we do anything about it. I cannot begin to tell you how furious I am, that nobody has informed us of this.
Optional Information: Province/Country relating to question : UK, Cotswolds, Gloucestershire Already Tried: Have checked the Council's website to see whether an application had infact been made - it had - and if has been approved - it has - AND AT NO TIME HAVE WE BEEN CONSULTED ABOUT IT.
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Hello. Maybe I can help? Your question is clear, so I don't think i need much more information. Basically, you didn't receive notice of the application and you therefore didn't get an opportunity to object. You fear that the extension will make a dark room in your house significantly darker. Is this all correct?
Yes, it is. But what annoys me even more is the fact that we haven't been informed and never given an opportunity to object. Maybe if we had have objected, it wouldn't have made a difference, but we have never been given that chance. Can we object now, that it's been approved.
Thanks. Unfortunately, you are right that you can't now undo the planning permission through the system. However, the Council has seriously failed in it's duty and you might have grounds to take matters to the High Court if you think you objection would maybe have changed the outcome of the planning decision. You would need specialist planning advice to gauge whether or not this might have been the case. Also, a claim to the High Court will likely cost a small fortune. However, it is a route open to you. An alternative approach might be to see if you can stop your neighbour or any buyer implementing the planning permission. Perhaps there are covenants on the title to the house which prevent this type of alteration and you might benefit from the covenants, and so you could use them to stop the work. I'd say there is a reasonable chafe of this being the case, especially if your house is on an estate or street of similar looking houses, built around the same time. Furthermore, you mention that the extension would diminish the light in your window. If that window has been there 20 years or more, you have a "right to light". If the extension will make it much darker, you could seek an injunction to prevent building work. Again, this is expensive and you will need expert advice that your worries are valid. A good surveyor should be able to confirm the effect of the works on your right to light. I hope this has all been helpful. Please rate my answer so I am credited for my time by JA. I will answer follow ups free.
Experience: I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
Thank you so much for replying. Unfortunately we cannot afford to proceed to High Court, and the fees that would entail, so will look into your second suggestion. Thank you very much. What's upset me more than anything is that we have been neighbours for 11 years; our children have grown up together and are more like brothers, and they did not have the courtesy to let us know what they were doing. I really feel very let down that they did not have the decency to tell us what they were doing.
That's a shame, but often the way when it comes to controversial moves like this! Good luck!