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Derbyshire residents take part in a Q&A on the community

Derbyshire residents asked questions about the right to a view, bedsit opposition, home extensions, protected trees and enforcement action in a planning Q&A.

Here are the questions which were posed by readers, along with the subsequent responses provided by Local Democracy Reporter, Eddie Bisknell.

 

QUESTION

What factors make it more likely for an objection to be successful to stop an application going ahead?

ANSWER

A key factor is an objection based on national or local planning policy, so effectively legislation versus opinion. Councils and national Government have policies for every area of planning and these are what are primarily used to assess each application. Other factors include documented evidence of for instance noise complaints, flooding or accident data.

QUESTION

Can I stop an application if it blocks the views that have always been there since I bought the house?

ANSWER

That is a classic planning pitfall unfortunately. The short answer is: No, in planning you are not entitled to a view. There are sometimes other options for objections that can relate to the blocking of a view and this includes if a development could be viewed as “overbearing”, such as permanently casting shade on your home, or breach your privacy – usually where this affects bedrooms.

QUESTION

Do I need planning consent for paving my front garden for parking?

ANSWER

There are quite a few variables on this topic so it would be best to contact your local council or a free service like Citizens Advice before starting. https://www.citizensadvice.org.uk/wales/housing/moving-and-improving-your-home/planning-permission-w/.

In some instances it could be permitted development but this can depend on size of the garden, impact on access and drainage, among other issues.

QUESTION

Our local authority Erewash are looking to sell, what they call open space, to developers to raise funds (West Hallam). In one space in question are two mature oak trees, trees with preservation orders covering them. Can the L.A. (local authority) run roughshod over the rules and remove the trees?

ANSWER

There are very few circumstances in which trees covered by a TPO (tree preservation order) can be removed. If there are TPO-covered trees on the site then the landowner maintains a legal obligation to protect those trees. TPO-d trees which may be found to be diseased, dangerous or dead are typically requested to be replaced on site.

QUESTION

How can I object to an HMO (house in multiple occupation/bedsit)

ANSWER

Your local council may have a policy relating to HMOs and you could look to that policy for areas in which the council does not find them acceptable. Otherwise there is national guidance on this front, including things like minimum space standards.

QUESTION

My house has never been altered since it was built. No building restrictions apply. Not listed. What is the limit that I can extend it to under building regulations/current legislation. 30% or is it meterage? If the latter is that just one side or each side inc front elevation? Can I change windows? Thermally wrap property walls externally?

ANSWER

There are a few very specific questions in there. Generally you are able to extend a detached home with a rear two-storey extension by three metres and by a height of three metres under permitted development, larger would require a planning application. For single-storey extensions you can have a rear extension of eight metres by four metres high under permitted development, larger would require a planning application. You should be fine for windows unless this could lead to privacy issues for neighbouring properties or you are in a conservation area. Thermal wrapping should also be fine, however, it would be advisable to contact your local council before starting. I can see you are from Ashbourne. Derbyshire Dales District Council does have an application advice service you can use here: https://selfserve.derbyshiredales.gov.uk/renderform.aspx?t=24&k=1887D25F345BE03987801044A21F409A678E8477

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