I am proposing a small double storey extension next to a listed building. It's been a bit of a saga going on since December last year. Here is a brief history:
1. We put in for permission. The owner of the neighbouring property that is Listed objected saying that it would block light through a PVCu French door that would be facing my proposed extension;
2. Local planners disagreed saying they thought that the overshadowing issue was immaterial. Said they would approve if we could get the conservation officer on board;
3. Local conservation officer objected to our development saying it was too close and not subservient to the neighbouring listed building. We then agreed to change the design such that it was moved a further 1300 away from the listed building. Conservation officer is now supportive of the our development;
4. The local planners are now saying that the they consider the overshadowing to be a material issue despite the proposed building being 1300 further away from the listed building. The conservation officer is still happy with our proposal.
Here is my question. The French doors that they are claiming will be overshadowed do not have listed buildings consent (LBC). In fact, none of the neighbouring windows on the elevation facing my proposed development have LBC. Can it be right that they refuse my development because of a constraint caused by an illegal feature on the neighbouring building (i.e. Light through French doors that have been installed illegally without LBC)?
We also suggested to the council a light survey. I've run some rough calculations that suggest out development is well within accepted limits. They are ok with thing but with a sting in the tail; we would have to pay for a survey ourselves and the pay separately for the council to repeat the survey! It then becomes prohibitively expensive for a small extension.
Any views on the lack of neighbours LBC would be appreciated.
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