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Appeal planning application decision
#1
Last week I was informed that my neighbour was granted permission for a two storey rear extension to which I objected. How can I appeal this decision as it will decrease my property value and block ALL light to my kitchen window.
 
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#2
(03-19-2017, 03:26 PM)margret-andrews Wrote: Last week I was informed that my neighbour was granted permission for a two storey rear extension to which I objected. How can I appeal this decision as it will decrease my property value and block ALL light to my kitchen window.

Hi Margret,

 The applicant (in this instance your neighbour) could appeal against a decision, however, there is no third party right of appeal for other parties who disagree with the council’s decision.

Unfortunately, the only route you would have would be to Judicially Review a decision if you have evidence that the planning decision was not made following the proper procedures. Legal challenges cannot take into account whether the decision was right or not in planning terms, only whether regulations about making decisions were properly followed. Whilst this option is open to you, challenging a decision in the courts is a costly and difficult process, and should not be undertaken without specialist legal advice.

As a first step I would obtain a copy of the Officers Report (if delegated) or Committee Report (if heard at Planning Committee) relating to the application and have a read to make sure your comments were logged and assessed as part of the decision?
 
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#3
(03-20-2017, 09:45 AM)planning-helper Wrote:
(03-19-2017, 03:26 PM)margret-andrews Wrote: Last week I was informed that my neighbour was granted permission for a two storey rear extension to which I objected. How can I appeal this decision as it will decrease my property value and block ALL light to my kitchen window.

Hi Margret,

 The applicant (in this instance your neighbour) could appeal against a decision, however, there is no third party right of appeal for other parties who disagree with the council’s decision.

Unfortunately, the only route you would have would be to Judicially Review a decision if you have evidence that the planning decision was not made following the proper procedures. Legal challenges cannot take into account whether the decision was right or not in planning terms, only whether regulations about making decisions were properly followed. Whilst this option is open to you, challenging a decision in the courts is a costly and difficult process, and should not be undertaken without specialist legal advice.

As a first step I would obtain a copy of the Officers Report (if delegated) or Committee Report (if heard at Planning Committee) relating to the application and have a read to make sure your comments were logged and assessed as part of the decision?




I have read the Officers Report and my comments were included and mentioned in the assessment that the works "would not adversely impact my residential amenities in regards to light or being over dominant".

Whilst frustrating, as I would have liked to have appealed, I would not want to legally challenge the decision. Thanks for letting me know the procedure.
 
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