Quick Answer: What Is Overshadowing In Planning?

What are three types of objections?

What are some common objections?Relevance.

Unfair/prejudicial.

Leading question.

Compound question.

Argumentative.

Asked and answered.

Vague.

Foundation issues.More items….

Can Neighbours block planning?

If your neighbours object to your plans, you can appeal and state your reasons appealing. Alternatively, you can amend the plans bearing in mind the reasons for rejection and resubmit the application. Therefore, it’s unlikely a neighbour is going to be able to stop you from building your house extension completely.

Can my Neighbour stop me building extension?

A terraced house and semi-detached house can be extended up to 6 metres and a detached house up to 8 metres from the original house. However, your neighbours do have the right to object to this. They have a 21 day period in which they can give valid reasons as to why they believe the extension should not be built.

Can a Neighbours gutter overhangs my property?

It is a well established principle that you own the airspace above your land, so if your neighbour’s gutters overhang your land then they may be a trespass, even if you cannot reach them or they don’t interfere with the day to day use of your land.

Can my Neighbour build a shed against my fence?

Any shed must be built at least 2.5m away from the main house. … Don’t use a shed side as a replacement fence side. Your current neighbour may have no problem with it, a future neighbour may well do.

What does amenity mean in planning?

In planning terms, ‘amenity’ is often used to refer to the quality or character of an area and elements that contribute to the overall enjoyment of an area. Residential amenity considers elements that are particularly relevant to the living conditions of a dwelling.

How many objections do you need to stop planning permission?

Quality – Not necessarily Quantity… However, generally speaking 5 – 10 good objections are often enough to get an application ‘called in’ to a committee meeting for councillors to decide (although this does differ between local authorities).

What is loss of amenity planning?

The proposed development will have a negative impact on the amenity of another property, through noise, overlooking, overshadowing, smells, light pollution, loss of daylight, loss of privacy, dust, vibration or late night activities.

Can my Neighbour attach things to my fence?

Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.

What is the 45 degree rule in planning?

The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.

What are valid reasons to object to planning applications?

What is a valid objection to a planning applicationLoss of light or overshadowing.Overlooking/loss of privacy.Visual amenity (but not loss of private view)Adequacy of parking/loading/turning.Highway safety.Traffic generation.Noise and disturbance resulting from use.Hazardous materials.More items…•

Can my Neighbour build right to my boundary?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

Does my Neighbour have a right to light?

Does your neighbour have a right to light? … A right to light may be acquired by ‘anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat, and without interruption for more than a year.

On what grounds can planning be rejected?

Planning permission can be denied if your build is guilty of these offenses: Your build overshadows a neighbour, causing loss of light. Your build overlooks other homes, causing loss of privacy. Your builds appearance is out of character with the existing property.

What does overbearing mean in planning terms?

A term used to describe the impact of a development or building on its surroundings, particularly a neighbouring property, in terms of its scale, massing and general dominating effect.

What is the 25 degree rule?

The 25 Degree Rule of Thumb Suitable daylight for habitable rooms is achieved when a 25 degree vertical angle taken from the centre of the lowest windows is kept unobstructed. See diagram 2. The recommended distance between the buildings is dependent on the opposing property ridge height.

Can a Neighbour object to permitted development?

Yes they can. If they don’t think the development is lawful, then they can object to that effect.

How close can a Neighbour’s extension be to my house?

seven metersFor those building a double extension on their property, you cannot go closer than seven meters to the boundary. Any pitch on the roof that is higher than one story must match the existing pitch on the property. Under permitted development you cannot add balconies, raised platforms or verandas.