Thoughts on this planning decision? (Scotland)

Thoughts on this planning decision? (Scotland)

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Discussion

Kiltie

Original Poster:

7,504 posts

246 months

Saturday 24th January 2015
quotequote all
I'm interested in people's thoughts on this planning decision which Aberdeen City Council approved (work is underway).

Two (close to) identical properties (ex-council; both long since private) separated by their respective driveways.



The house on the left was granted permission to extend right up to the plot line.





During the planning consultation process, the house on the right was owned / occupied by an elderly lady.

My opinion is that it shouldn't have been considered as it prevents anything similar from being done to the house on the right.

I'm just interested to know what others think.

Thanks. smile

oakdale

1,801 posts

202 months

Saturday 24th January 2015
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Don't know anything about Scottish law on this but it doesn't seem right to me, is the roof and guttering going to overhang the border?

stevensdrs

3,210 posts

200 months

Saturday 24th January 2015
quotequote all
I see 2 issues.

1) Access to the rear of the property usually has to be maintained. If there is no access on the other side of the house then this would usually be a breach.

2) Loss of light. If the extension is to be double story then the adjacent property will suffer from loss of light.

However, if consent has been given already then not much can be done.

konark

1,104 posts

119 months

Sunday 25th January 2015
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Yes , some people take advantage of elderly neighbours, or adjoining houses being empty ,to apply for this sort of 'in yer face' extension. Certainly if I lived in the neighbouring house I would have objected vigorously to this carbuncle a few feet from my windows.

If the wall is up to the boundary , shirley the foundations must be partly in the neighbours garden?

Yazar

1,476 posts

120 months

Sunday 25th January 2015
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Not Scottish Law, but in England there have numerous newspaper stories and threads on here about it.

Conclusion is that takes a certain type of low life individual to do it, but planning often allow it.

This one has a thread on ph somewhere discussing it: http://www.dailymail.co.uk/news/article-2751782/Co...

McWigglebum4th

32,414 posts

204 months

Sunday 25th January 2015
quotequote all
I can't see the problem to be honest

Doesn't effect access to the back of the house on the right

Doesn't ruin the view of the house on the right

And as to stopping the house on the right extending confused then by that standard the house on the right should be prevented from extending for exactly the same reasons


Chrisgr31

13,474 posts

255 months

Sunday 25th January 2015
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With the amount of scaffolding in the garden of the house on the right I assume that access etc has been given.

I don't know what the rules in Scotland are about building on the boundary, although its a good idea to ensure you have actually built on the boundary and not over it! In theory the foundations and gutters will be over it.

Not sure that stopping next door extending is a real concern as they could also build right up to boundary as well although I agree it probably wouldnt be pleasant if you lived in the house on the right and were used to the space light etc.

loafer123

15,433 posts

215 months

Sunday 25th January 2015
quotequote all
If the house on the right wants to do the same, they coild easily share a party wall.

As for maintaining access to the garden, what about terraced housing?

brianb

441 posts

136 months

Sunday 25th January 2015
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Apart from the shoddy block work and appalling scaffold I see nothing wrong in doing that,

Set it back from the boundary enough so the verge/gutter doesn't overhang,

tighnamara

2,189 posts

153 months

Sunday 25th January 2015
quotequote all
Kiltie said:
I'm interested in people's thoughts on this planning decision which Aberdeen City Council approved (work is underway).

Two (close to) identical properties (ex-council; both long since private) separated by their respective driveways.



The house on the left was granted permission to extend right up to the plot line.





During the planning consultation process, the house on the right was owned / occupied by an elderly lady.

My opinion is that it shouldn't have been considered as it prevents anything similar from being done to the house on the right.

I'm just interested to know what others think.

Thanks. smile
Interesting, I was always led to believe that distance x (think 1 to 1.5m) had to be kept from any boundary.
Problem is that it never seems straight forward as all planning departments and officers seem to have differing views.
Going through something similar and talking with the planning officer his exact words were " yes I know it's not ideal but......"



tighnamara

2,189 posts

153 months

Sunday 25th January 2015
quotequote all
Kiltie said:
I'm interested in people's thoughts on this planning decision which Aberdeen City Council approved (work is underway).

Two (close to) identical properties (ex-council; both long since private) separated by their respective driveways.



The house on the left was granted permission to extend right up to the plot line.





During the planning consultation process, the house on the right was owned / occupied by an elderly lady.

My opinion is that it shouldn't have been considered as it prevents anything similar from being done to the house on the right.

I'm just interested to know what others think.

Thanks. smile
Interesting, I was always led to believe that distance x (think 1 to 1.5m) had to be kept from any boundary.
Problem is that it never seems straight forward as all planning departments and officers seem to have differing views.
Going through something similar and talking with the planning officer his exact words were " yes I know it's not ideal but......"



loafer123

15,433 posts

215 months

Sunday 25th January 2015
quotequote all

I think you might be right for Permitted Development rights set by central government, but you can apply for anything you like, and as long as it fits with the local plan policies set by the council, it is fine.

worsy

5,804 posts

175 months

Sunday 25th January 2015
quotequote all
oakdale said:
Don't know anything about Scottish law on this but it doesn't seem right to me, is the roof and guttering going to overhang the border?
Aberdeen is a fair way from England so I doubt it.

stuart313

740 posts

113 months

Sunday 25th January 2015
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If next door is bothered why let them use their drive for the scaffolding. If it was me I'd probably park an old shed there and put it on axle stands.

jshell

11,006 posts

205 months

Sunday 25th January 2015
quotequote all
tighnamara said:
Interesting, I was always led to believe that distance x (think 1 to 1.5m) had to be kept from any boundary.
Problem is that it never seems straight forward as all planning departments and officers seem to have differing views.
Going through something similar and talking with the planning officer his exact words were " yes I know it's not ideal but......"
There is a boundary limit, I've just been through it. On one side I had to keep my outer wall at least 1m from boundary. On other side I could build to boundary as neighbours already had an extension, but my windows above their roofline had to be 1m back from the boundary leading to an 'interesting' design!

Kiltie

Original Poster:

7,504 posts

246 months

Sunday 25th January 2015
quotequote all
Thanks for the replies. It's good to hear a cross section of opinion and experience.

stuart313 said:
If next door is bothered why let them use their drive for the scaffolding.
Access was agreed to by the elderly owner / occupier of the house on the right.

This was my mother-in-law who has sadly passed away now.

We have to assume that she was aware of the plans for the finished article and didn't object.

My wife knew that there was going to be some building work but hadn't understood the extent. She remembers her mum saying something along the lines of not allowing the extension to be "one inch over the boundary" but never really thought about it too much at the time.

Things spiralled a bit in the second half of last year with her being quite ill and then passing.

Some thoughts of mine ...

  • I don't think the local authority could possibly ever grant permission for a mirror image type extension as it would completely block access to the back. This is academic but it doesn't seem very egalitarian.
  • Even if such permission was granted and new owners wanted to extend, I can see there being all sorts of practical difficulties with the two properties sharing a wall (both in construction and ongoing maintenance).
  • I'm sure this extension will lower the value of my mother-in-law's house. The financial aspect doesn't bother me at all; it's more the principle of someone gaining and knowing that a neighbour would be losing.
  • I don't think light is much of an issue. That area between the gables was always pretty gloomy before anyway.
  • I hadn't thought of the access issue. Owner of the left house "assumes" that his neighbour will always be happy for him to get garden things too big for the front door through their property and over the fence at the back.
  • Overhangs have also been mentioned and I also hadn't thought of that either. It's a gable end so no gutter but the wall is cock-on the boundary so the eaves will surely have to overhang.
  • I might not have become to irritated by this if the builders hadn't caused such a mess on my mother-in-law's property (rubbish, fag ends, damage to roughcast, dirty front step). It's been a bit upsetting for my wife and her sister.
Anyway, thanks again for the replies.

Edited by Kiltie on Sunday 25th January 13:25

CoolHands

18,625 posts

195 months

Sunday 25th January 2015
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looks like it will be hideous. Anyway, imo you should just sell ans forget all about it. You'll never make it right, iykwim.

Kiltie

Original Poster:

7,504 posts

246 months

Sunday 25th January 2015
quotequote all
Yes, I don't disagree.

My wife's sister is considering taking the house on herself with a view to renting it out.

loafer123

15,433 posts

215 months

Sunday 25th January 2015
quotequote all
From a planning perspective it sets a precedent and therefore it is highly likely you would get permission to do the same.

YOu seem fixed on the need to maintain group rear access, but that isn't something I have come across - is it a Scottish thing?

Party walls are also very common, as is the legislation around them.

Personally, I see it isn't ideal, but it may even have added to the value as a buyer can see how they can easily extend.

blueg33

35,847 posts

224 months

Sunday 25th January 2015
quotequote all
Planning wise it looks fine to me.

Access around the sides is a legal issue nog a planning issue and is usually covered by some sort of cross rights,

Rights of light are extremely unlikely to be an issue.