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IsoChick
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Location: Preesall, Lancashire
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14-05-2007, 01:49 PM

Planning Permission Help!

We've received a letter from the council regarding our next door neighbours planning permissions.

Basically, they've only applied for an extension of domestic curtilage (their garden) to extend it about 100ft. Their new garden will be level with other people's garden boundaries on one side, but will not be as long as our boundary on the other side

Link to the plans (our house is Edale)

If approved, they could pretty much build anything they want providing it is under 2 storeys high and over 5 metres away from them house (a double garage and stable block is what they have planned). They wouldn't need any other permissions to do this.

We can comment/object and we can include photos and plans if we wish. We can comment on what happens if they build on it.
The lady in the planning office I spoke to mentioned that you can't use "loss of view" as an objection!! We can however use loss of light, privacy etc as part of our argument.

The planning office can grant extension of domestic curtilage but with certain conditions related to building on it if they feel the arguments etc are strong enough (e.g. buildings made out of wood rather than brick, or under a certain height, I think is what she meant).

How can we write that we know what they want to build and it is that we're objecting to?
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lizziel
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14-05-2007, 04:41 PM
I think they would still need planning permission to build a garage on the site - when we bought our house many years ago the owners had put up a double garage without permission ( a good 50 feet away from the house and any neighbours) and there was a long delay in the buying process while they applied for retrospective planning permission.
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tawneywolf
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14-05-2007, 05:27 PM
How about ringing the Planning Office and explaining situation and telling them what their real plans are? I am sure they would then be able to give you advice, and also it would alert them to the fact that this is just a sort of a foot in the door ploy.
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duboing
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14-05-2007, 07:50 PM
...and if you don't get any joy with that, get in touch with a solicitor (preferably one who specialises in property law) to see what your position is. You could also consult with a friendly estate agent (if they exist! ) - perhaps if it's suggested that an extension could devalue your property you'd have a better case than just saying "it'll ruin the view." You are definitely better to raise objections now than leave it till later, even if they do have to reapply for planning permission for any further buildings. Don't let them build up momentum. Get a petition round the neighbours if you have to!
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leo
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14-05-2007, 07:54 PM
good question, the simple answer is to ask they must have some idea what they plan to do with it.
but anything that affects your light etc are reason you can use to object.
i'm sure its called the right to acient light, basically what was there and what would be lost if allowed.
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Wolfie
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14-05-2007, 08:23 PM
Although they're planning on extending thier curtilage, they still have to get permission to build anything on that land.

We've got some paddocks here that will never get planning permission as it affects the view from the cottages that are beside us (the land goes round to the back of thier gardens). They opposed it because it was lack of view, imposing on thier privacy etc. Permission was therefore denied.

If one of the deciding factors of buying your property was for the views, then yes, you can use that as an objection.
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Kath
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14-05-2007, 08:26 PM
A stable block would indicate a horse/pony, I think there could be strong objections to this as it would indicate a change of use from a "domestic" garden, but sorry it is so long since I worked in the Law that I am out of touch, but do take your worries to the local Planning Dept. and then if necessary to a Solicitor, Kath
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IsoChick
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22-05-2007, 10:46 AM
I've now cleared some of my confusions up with the planning office.

They can build without planning permission as long as it is less than 70 cubic metres and less than 3m high.

We're now trying to find out what a 4 stable + tack room/feed room block works out as in cubic metres!

We're going to object to the change of land use on the grounds of the planned build. Apparantly we can do this, as the planning office can investigate this, and, if necessary, put restrictions/amendments onto the permission (e.g. the need to apply for extra permission for building, outdoor buildings to be made out of wood (for example)).
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IsoChick
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22-05-2007, 10:48 AM
UPDATE:
Stables are still classed as a domestic building, providing you are only keeping your own horses in them for domestic use (i.e. not providing riding lessons, livery etc)

Last week I came home to find that they'd started work on a sand paddock without any planning permissions.

I rang the planning office on Friday and they said that they would investigate on Monday and let me know the outcome. Since I was at work yesterday, I don't know whether they visited our neighbours or not. I'm hoping for a phone call today.

Some pictures we've taken of the whole mess...

This is the view from our bedroom window. The allotment is to the left and the large patch of dirt at the back of the picture is the sand paddock (as yet unfinished)


This is the view from our orchard (allotment to the left). As you can see, it's very close to our boundary. Don't think we'll be sitting in the orchard during the summer again!


This is the boundary that they plan to build the garage and stables along. The horse box is on their side of the fence. The plan is to take up the whole of the boundary you can see (to the corner of our garden) with buildings. So instead of an open boundary, we'd have the back of the stables and garage (which incidentally are going to be brick with white render to match the house)
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Fudgeley
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22-05-2007, 12:06 PM
I would definately take this further. That would change the whole aspect from your garden and effect the way in which you live in your house. Off to the solicitor i reckon.
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