Neighbours extension.

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Bellegirl

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My neigh is erecting and extension, I was not notified of this, until they had started the work, Before they had a conservatory which was the same height as mine, they have extended the extension by a further metre and it is also higher then the original conservatory, this has blocked out some the sun from my garden patio, I also now have to look at 3 feet of brick wall above my 6 ft fence. and Meter wide.
Can I make and objection to this, if so how do I object. I have spoke to them and they have said that they didn't realise that it would block my light and that they did not have to notify me of the extent of the extension. Please can any one advise what to do.
 

Feemar5

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Did they get planning permission for this or is it within the size permitted without the need to apply for planning? If they looked for planning permission there should have been a notice erected on the site for all to see. You should contact your local council and check with them.
 

Thirsty

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Take photos and lodge an objection to your local council.

Talk to your neighbours & be prepared for bad feeling.
 

Blackrock1

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They can extend out the back within certain parameters without planning I’m presuming what they are doing falls within these parameters

You don’t have any right to light as such
 

Thirsty

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There are restrictions on permitted development.

Why would you make presumptions here?
 

Thirsty

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On any board such as this one never has the full facts; therefore one doesn't presume.
 

Drakon

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An extension of up to 40 square metres is permitted without seeking planning permission. This is based on the property’s original planning permission, not the current building.
Go to the local authority’s planning department and ask for the property’s entire planning history.
 

Leo

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There are other restrictions that apply along with the 40sqm total limit, for example around wall & roof heights, remaining garden space, etc..

Ask to see the plans of what they are building and have someone competent take a look to see if you have any grounds for complaint.
 

kceire

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If they have started building then you are too late to lodge an objection.
This means its either unauthorized development or exempted development.

You have 2 options.

1. Lodge a complaint to the Planning Enforcement Section. They will investigate and either initiate regularization proceedings or they will rule it exempt and no further action is required. Your neighbor will most certainly know it was you that lodged the complaint and thus ruining your relationship with said neighbor forever going forward.

2. Speak to your neighbor. See what they are doing or post some photos here and best guess will explain or aid you. Your neighbor will most likely want to render or dash the block wall that's facing you in order to weather tight it so this will boil down to you allowing access. If you don't let them do it, then tough, you can look at the block wall, it wont effect them so let them do it properly.

The exempted limits are pretty generous and a 40 Sq. M extension is quite big so they have the option to extend heavily at ground floor up to this limit. Also worth noting, the 40 Sq. M is an internal measurement, so the external footprint could well be bigger than 40 Sq. M.
 

Thirsty

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"why would you then presume that they OP has grounds to lodge an objection?"

I didn't.

I advised the OP to do so, the decision on validity is down to the Local Authority.
 

kceire

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"why would you then presume that they OP has grounds to lodge an objection?"

I didn't.

I advised the OP to do so, the decision on validity is down to the Local Authority.
You cannot lodge an objection once works have commenced.
The observation period is in the first 5 weeks following the lodgement of a Planning Application.
 

Thirsty

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You are assuming that planning was sought.

From the OPs post, we can deduce that no site notice was placed.

The OP can indeed lodge an objection to the development (call it a complaint if that makes you feel happier).

It's simply not possible that any individual could be allowed to start building without planning, or outside the provisions of permitted development without a remedy in law being available.
 

kceire

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You are assuming that planning was sought.

From the OPs post, we can deduce that no site notice was placed.

The OP can indeed lodge an objection to the development (call it a complaint if that makes you feel happier).

It's simply not possible that any individual could be allowed to start building without planning, or outside the provisions of permitted development without a remedy in law being available.

Are you guilty of the same offence by assuming Planning was required?

You cannot make an objection at this stage, even if Planning was sought.

The OP can lodge a formal complaint to the Planning Enforcement Section. It has to be in writing and include the nature of the complaint and include the OP's full name, address and contact details.

The Planning Enforcement section will investigate the complaint and if planning is required, they will give the home owner a chance to regularaise it by way of Retention.

The OP will be notified in accordance with Section 154 of the Planning and Development Act. This may be limited in nature to a simple one liner stating the works are considered exempt.
 

Leo

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OP hasn't come back to confirm whether this development is likely to be planning exempt of not. If they're not sure, as above, a complaint to the Planning Enforcement Section is the way to go.
 
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