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Knowledgebank

What to Do If Your Neighbour's Extension Gets Planning Permission Despite Your Objection

If your neighbour has been granted planning permission for an extension despite your objection, there are several options you can explore. Contact us on 01634 811118 for more details, or read about our neighbour dispute services.

Judicial Review

A Judicial Review (JR) is a legal remedy available if there has been a legal error in granting planning consent. You must issue a claim within six weeks of the decision notice. In exceptional cases, you may apply for leave to bring a JR outside this timeframe.

Learn more about Judicial Reviews. 

Complaint

If you are dissatisfied with how the council handled the application, you can file a complaint through their complaints procedure. If dissatisfied with the outcome, you can escalate the matter to the Local Government Ombudsman (LGO). The LGO’s website provides information on similar complaints.

Breach of Restrictive Covenant

Check the Land Registry title to see if your neighbour is breaching a restrictive covenant. The primary remedy is a permanent injunction to stop the breach, though courts may award damages instead. Courts consider factors like delay or inactivity when deciding on the appropriate remedy.

Find out more about Restrictive Covenants. 

Planning Enforcement

If you believe your neighbour is in breach of planning regulations, you can report it to your council’s Planning Enforcement team. They have the authority to investigate and take enforcement action.

Read about planning enforcement notices and orders here.

Enforcement of Planning Obligations

If a developer fails to meet obligations under a section 106 agreement (TCPA 1990, s 106), the local planning authority (LPA) can enforce these obligations.

Learn more about planning obligations. 

Party Wall Act

Under the Party Wall etc. Act 1996, a building owner must notify adjoining landowners of intended party wall works. The adjoining owner can acknowledge, object, or do nothing in response.

Find out more about the Party Wall Act here. 

Access to Neighbouring Land

At common law, there is no right of entry without an easement or the adjoining owner’s consent. Unauthorised entry is trespass and can be restrained by injunction. The Access to Neighbouring Land Act 1992 allows for court orders granting access in limited circumstances.

Nuisance

A nuisance can be private or public. Private nuisance involves interference with land use or enjoyment, such as noise or smell. Public nuisance affects the community and requires showing particular harm. Legal action can seek damages or removal/reduction of the nuisance.

See how we can assist with nuisance and noisy neighbours here. 

Rights to Light

A right to light claim requires substantial light deprivation, making a building uncomfortable. If established, an injunction or damages may be sought.

We provide more details about Rights to Light here. 

Easements

Depending on the facts, you may be able to assert a right of way across neighbouring land or property, potentially thwarting the development.

Learn more about Easements here. 

Boundary Disputes

There may be grounds to dispute the boundary or claim adverse possession over part of the site/land. Read our boundary disputes here. 

If you need further assistance, please contact us on 01634 811118 or email mail@kslaw.co.uk. We can provide tailored advice based on your specific situation.