CORONAVIRUS:   Lawson-West Solicitors is ‘Open for Business’ and here to help you with your legal needs.

Find out more

Back garden developments and material considerations

We were asked recently to help a client challenge their neighbour’s planning application for a back garden development. The neighbour’s plan was to build a large ‘bungalow’ – we use the term ‘bungalow’ with some caution as in reality this was a two storey property utilising a mezzanine floor for bedrooms and bathrooms. Before any planning challenge it is critical to understand the ‘Material Considerations’ on which the Local Planning Authority (LPA) bases its decision.

The difference between some of the considerations that will and will not be recognised by the LPA really comes down to linguistics. In this case, where a neighbour is building in their own back garden, a party has no ‘right to light’ or ‘right to retain a view.’ However, according to the planning rules ‘overshadowing’ does count as a material consideration that must be acknowledged by the authority. As an example I encourage clients to measure the extent of the shadow the new development will create on their land, rather than discussing the impact on light and the view.

Whether or not a particular consideration counts as a material consideration has already been decided by the Courts as each issue we advise on has been litigated at some point in the past. However, it is up to the LPA to decide the weight that should be given to a particular material consideration. So, in cases such as these, although the LPA could still find against you it will still have to provide a carefully considered response where you raise proven material considerations.  

For more information on planning challenges, please contact Rebecca Beswick at Lawson-West on 0116 212 1000.

View all
x

Coronavirus:  We are pleased to announce we are Open for Business

Even during Leicester’s most recent, extended lockdown, you can be assured that it is ‘Business as Usual’ at Lawson-West and we're here to help you with your legal needs. 

We are driven by our commitment to help others. We are here. For you.

At this time, please contact us by telephone, website enquiry or email.
We’re here to help:

Leicester:
4 Dominus Way, Meridian Business Park, LE19 1RP           Tel: 0116 2121000

Wigston:
44 Long Street, Wigston, LE18 2AH                                              Tel: 0116 2121080

Market Harborough
Millers House, Roman Way,
Market Harborough, LE16 7PQ                                                        Tel: 01858 445480

Website:     www.lawson-west.co.uk

Email:           mail@lawson-west.co.uk

Close this message