If your neighbour has plans to build an extension, it is natural to have concerns regarding how this may impact your property and enjoyment of your home. It is important to understand that the process of challenging any proposed extension is governed by specific regulations and your legal rights as a homeowner.
While it is not always possible to completely prevent development, there are legitimate grounds upon which you may object or influence planning outcomes and development.
Understanding your legal position
In England and Wales, local councils oversee planning permission and approve or deny applications based on a set of strict criteria. While your neighbour has the right to improve and extend their property within the limitations laid down by planning laws, there are scenarios in which you can legitimately object. Typical considerations include loss of privacy, overshadowing, loss of natural light or adverse effects upon your property's character and value. Importantly, planning is not impacted by property rights such as ownership of land, restrictive covenants, extents of right of way. Those issues are civil issues and need to be addressed separately.
Reviewing planning applications carefully
You are within your rights to inspect the planning application that your neighbour submits. This is usually available via your local council’s online portal. Check carefully for accuracy of submitted plans and their compliance with local and national planning policy guidelines. If the proposed extension breaches these guidelines or adversely affects your property rights, you can formally state your objection through the council's established planning objection process.
Grounds for objecting to a neighbour's extension
Valid objections must be based on what are known as material planning considerations. These include matters such as:
- Loss of daylight or sunlight to your property.
- Overbearing appearance or dominance.
- Loss of privacy through overlooking windows.
- Impact on road safety or increased traffic and parking concerns.
- Harm to the neighbourhood character or conservation area.
- Potential noise or environmental disturbance.
It is important to note that personal grievances or objections based purely on loss of view or property value typically carry less weight in planning decisions.
Party wall considerations
If your neighbour’s proposed extension involves work on or near a shared boundary, the Party Wall etc. Act 1996 may apply. Under this law, your neighbour must serve appropriate notices and secure your agreement before commencing certain types of work. If you object, the dispute resolution mechanism set out under this Act will apply, and you can appoint surveyors to represent your interests.
Seeking professional legal advice
If you feel uncertain about your position or you believe your neighbour's proposed extension violates your property rights or planning regulations, it is advisable to consult a qualified legal professional. They will guide you clearly through the process, increasing the likelihood that your legitimate concerns are properly addressed. Remember, acting swiftly and effectively when dealing with property rights and planned developments may influence the outcome significantly.
While it may not always be possible to stop your neighbour's extension entirely, engaging effectively with planning processes and understanding your legal rights provides the best chance of mitigating potential negative impacts.
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