Overturning Planning Permission

[ecgc43]

Following several objections, my parents have just learned that planning permission has been granted for an extension to a neighbouring property. Two previous objections were upheld. This time the proposed extension is bigger than the previous two and the application has been handled by a different case officer. It will easily go over the 40% rule as the property has been extended twice already. It will cause massive loss of light to their garden but the planning officer who visited did not even set foot to the rear of the property. They live in a green belt area and the extension will clearly be seen from the road to the side (only 50m away). It will definitely change the street scene. Other neighbours are also set to lose views and light. It was passed because "Very special circumstances exist which justify approval" but we believe that too many rules are being broken. Is it ever possible to get a decision overturned?

[Nosha123]

I dont know the official answer - but I would expect the answer is no... since why would the whole process be in place for objections and appeals etc if once permission is granted it can just easily be withdrawn. Not really fair on those who have had it granted if someone can change their mind.

Did your parents object?
Did it go to appeal?

[buildersmate]

The short answer is no. There is an appeals process for planning applications that have been refused, but not for objectors when the application is approved against their desires.
Loss of light: impossible to know for sure, but the general rule that planning departments operate to is one of the 45 degree rule (at the side) in respect of overlooking of new windows on the first floor of the extension into the garden of the existing property, and wrt. the appearance of the new extension from the viewline of the existing windows in neighbours houses (habitable room windows only). I'm afraid if you believe that loss of light into the GARDEN is a planning consideration, you are misinformed.
'Extension will clearly be visible from the road which is 50m away'. Are you serious? Green Belt or not, an extension which is 50m away from the road is never going to be a winner as the reason for objection.
'Set to lose views' Another misapprehension, I'm afraid. A right to a view of a neighbour, per se, is never a planning consideration. Only in the context of the bulk/mass of the proposed dwelling in relation to what surrounds it is it a consideration.

[themas]

If there are "very special circumstances" they ought to be spelt out so that your parents & any one else interested can know what they are.

I doubt whether it is possible to get the decision reversed unless (& even this is an extremely remote possibility) it can be shown that the Council has deliberately flouted its own planning policy & Government planning guidelines. Trying to do anything on these lines would be time consuming and expensive - involving planning consultant fees etc. By the time it was resolved, the extension will very likely have been built & there will be no realistic possibility of it then being demolished because the owners will simply say they did it in compliance with an operative consent.

Have they talked to any of the local Councillors? If not, they could try getting one (if there is a sympathetic one) to get more detail about what the special circumstances are & to advise them on what they can do - if anything.

Another route might be a complaint of maladministration, ending up with the Local Government Ombudsman who can recommend that the Council pay compensation if he finds the case proved.

All of this assumes they did complain about the application. If they didn't then I don't see that they would stand a chance of getting anywhere.

[tamborine]

...Very special circumstances exist which justify approval What are they?