The erection of a new building or housing development has the potential to have an impact on neighbouring dwellings, and accordingly it is reasonable to expect residents to express concerns when they find that a planning application has been made for a new development right beside their home.
Under the Human Rights Act everyone has the right to respect for his private and family life and his home. Although planning policy and guidance on development that may impact on a person’s home, does not necessarily make specific reference to the Human Rights Act, the principal of the right to respect for one’s home, does nonetheless form the nub of such policy and guidance.
A point that is made in many letters of objection, but which is not considered to be of weight, is that a development will spoil a view that a person presently enjoys from their house. The planning system operates in the public interest and it does not seek to protect the private interests of one person against the activities of another. In such cases where a proposed development has the potential to have a detrimental impact on the visual amenity of the surrounding area, then the assessment will be made from the road network and other public vantage points.
If you are concerned about the impact that a new building would have on your home and wish to object, it may help to focus your argument on how it would impact on your ability to enjoy and use your home for the purpose it was designed for.
One of the most common ways in which your home is likely to be affected by a neighbouring development is when a neighbour proposes to extend theirs. Remember that not all house extensions require planning permission, and in those cases the planning authority cannot intervene even where you believe that the extension will have an impact on your home.
However where planning permission is required for a house extension, the planning authority will consider the impact that it may have on neighbouring residences in terms of privacy, overshadowing/ loss of light, and dominance. I have said that loss of a private view is not a consideration for the planners however aspect or out look from a property is – for example a large blank wall placed directly in front of a window could have a very oppressive effect.
It is important to remember that none of the above points will be examined in isolation and that in all cases of new buildings next to existing dwellings, the impacts on existing residential amenity will be weighed up against many other material considerations including the character and environmental quality of the locality in which the development is situated.
