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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Claim of overbearing

Nicholas Underwood, modified 1 Month ago.

Claim of overbearing

New Member Post: 1 Join Date: 30/05/24 Recent Posts

Can a building still be considered "overbearing" if it satisfies the following criteria?

Right of light (45 & 25 degree rules)

Less than 40% overshadowing of garden 2hrs a day

Privacy & overlooking addressed

No impact on neighbours outlook

Is 2 storey flat green roof  next to bungalow  but only 300mm higher than neighbours ridgeline

Any advice, guidance or legal precedents gratefully received

Thank you

 

 

 

 

richard white, modified 1 Month ago.

RE: Claim of overbearing

Advocate Posts: 218 Join Date: 26/11/18 Recent Posts

Hi Nicholas

Note sure of the context but I'm guessing you've received a refusal of planning permission for something you want to build?

Short answer, overbearing is just an adjective planners use to try and describe the relationship and impact of a proposal with existing context. A planning appeal might get into whether it is the right choice of word, but the heart of the appeal should actually be about whether the proposal is acceptable or unnacceptable judged against relevant local plan policies and any other material considerations. Almost all planning decisions require an exercise of planning judgement and this inevitably means that there is room to disagree.