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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbour has put in a submission, raising concerns about

Customer Question

My neighbour has put in a submission, raising concerns about our planned extension which is within Permitted Development restrictions (6m from existing house as at 1948).
We just heard the PD has been rejected, because the amenity of that neighbour is affected.
We don't think that is correct, and technically the neighbour has not objected, but expressed concerns.
We are wondering what steps we can take to
1. Work out if this rejection is fair
2. Work out what would be acceptable (to both council and neighbour).
We have found the council unwilling to respond to calls and emails.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

From what you say I believe I am right to conclude you are looking to build an extension under the new temporary larger allowances allowed by the extended permitted development rights allowed until May 2016. Do you agree my assessment please?
Customer: replied 1 year ago.
Correct
Expert:  Joshua replied 1 year ago.

Many thanks. As I'm sure you are already well aware, the above temporary amendments to permitted development rights provide that larger than usual extensions can be built under permitted development but such larger extensions are subject to the neighbour consultation seem which enables neigbours to submit their comments in respect of any proposed extensions under the temporary development rights.
If a neighbour can demonstrate that the extension would have an adverse impact on the ability of their property, the local authority has the power to refuse permitted development rights for the larger extension.
I note your comments with regards ***** ***** distinction between an objection and a concern. it is not necessary for the neighbour to comment on the extension using specific language - ie. "formal objection" in order for her comments to be considered by the council. The council can and will consider any comments or concerns or formal objections in the same manner regardless of how a neighbour chooses to label them. the local authority has a power to refuse permitted development rights where they consider that the amenity of the neighbour will be adversely impacted. Unfortunately, from what you say, in this instance this is what they have decided to do.
However, the decision of the council is not final and you have a right of appeal against the councils decision. Alternatively, you could scale your extension down to fit within normal permitted development which the council cannot deny permission. In the assumption you would wish to proceed with the larger scale development, as above, you would need to consider an appeal.
To appeal the decision, you can do so online using the following link:
https://acp.planningportal.gov.uk/account/register.aspx
you may wish to retain a planning consultant to assist you with submitting an appeal in order to maximise the chances of success. it is vital that the appeal submitted within 12 weeks of the date of the council's decision
There is a useful guidance leaflet here:
http://www.planningportal.gov.uk/uploads/neighbour_consultation_scheme_guidance_may13.pdf

I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful

Customer: replied 1 year ago.
Hi I need to know what rights I have to demand an explanation of what amenities are lost to the neighbour. Can you explain that for me please?
Expert:  Joshua replied 1 year ago.
Certainly. The council must provide a full written decision for their refusal of permitted development rights. They must give reasons to support their decision and refer to the local planning policy(ies) that they consider the proposed development breaches. The council is required to formulate and publish written planning policy for each district in its jurisdiction and must show in any refusal why they have determined the refusal in relation to the "local plan". If you have not yet received the written refusal notice, you can ask the council to send this to you as soon as possible next week.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.
They have written to say that the neighbour' amenity is adversely affected. But I do not think that is true.
I need to know what amenity is impacted and therefore be able to come up with an amendment to the plans to satisfy that specific criterion.
I suspect, given my dealings with planning departments elsewhere in the world that they will not provide detail, but I do not find that a cceptable as a rate payer and therefore customer. Please explain what rights I have.
Expert:  Joshua replied 1 year ago.
I regret that I cannot really add much more to the above. You have a right to request reasons for the refusal. If you are not satisified with what is provided you have a right of appeal as above. Alternatively you can speak to the relevant planning officer that made the delegated decision to discuss the specific reasons he has given (or make a complaint at the lack of detail and ask that a separate officer reviews the decision and provide you with detail for the decision) and then look to amend you plans to take account of the issues raise as an alternative to an appeal.A local planning consultant is best placed to assist you in complying with local planning policy in this respect though there is no requirement to retain one.

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