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Appendix 3: Additional amendments to take into account the views of the Planning Agents Group
Clarify the Overshadowing Sections by amending to:
Overshadowing and Loss of Light
Overshadowing occurs when an extension is in such a location, and/or is of a size that it would cause significant overshadowing of a neighbour’s property or amenity space.
An extension should not cause any significant loss of daylight or the cutting out of sunlight for a significant part of the day to principal rooms (including lounge, dining room, kitchen and bedrooms) in neighbouring properties or private amenity space. Daylight is the volume of natural light that enters a building to provide satisfactory illumination of internal accommodation between dawn and dusk. Sunlight refers to direct sunshine and is very much brighter than ambient daylight. Loss of light is particularly sensitive when there is just one window lighting a principal room.
The 45o Test
A useful guideline to measure the likely impact of an extension on neighbouring property is the ‘45o test’. Its purpose is to make sure that a development does not take away too much daylight. However, this is guidance only and passing the test does not necessarily mean that the proposal would be acceptable. Application of the test is set out below.
1 From the elevation of the wall in which the neighbour's window is placed, draw diagonally down at an angle of 45o away from the near top corner of the extension wall;
2 Take the plan and draw diagonally back at an angle of 45o towards the window wall from the end of the extension;
3 If the centre of a window to a habitable room of the next door property lies on or within these 45o lines, then the extension may well cause a significant reduction in the light received to the room
Add additional diagram
Add additional Section on requirements for planning permission and consequent changes:
What is the Supplementary Planning Document?
1.1 This supplementary planning document (SPD) is part of Maidstone Borough Council’s Local Development Framework. It provides further detail about how national, regional and local planning policies will be applied in relation to extensions to properties in built up areas and within the countryside.
1.2 Extensions are a common form of development in the Borough and therefore have an important influence on shaping the local environment. They may also impact directly on neighbours. Whilst the focus of the guidance is on residential extensions, the SPD is equally applicable to buildings in other uses.
1.3 The SPD is intended for applicants, agents, planning officers and local residents to assist with improving the quality of development and address the issues of design, amenity and other important considerations. It is intended to create a high-quality, sustainable built environment in line with the Council’s aspirations for its present and future residents. The SPD refers only to planning aspects of development and separate advice should be sought on Building Regulations. The SPD takes into account the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008. It indicates the general parameters and the criteria by which planning applications for home extensions will be judged.
Will I need Planning Permission?
1.4 The principles contained in this guidance promote good practice and should be relevant whether planning permission is required or not.
1.5 Some minor extensions can be carried out without the need to obtain planning permission – these are generally referred to as "Permitted Development". They are subject to the proposal meeting very strict criteria, for example relating to size and detailed positioning.
As the law relating to planning permission is complex, and the rules governing "Permitted Development" can change from time to time, you are strongly advised to seek advice from the Council before carrying out any development to check whether permission is required for what you want to do. You may apply for a Certificate of Lawful Development in order to obtain a formal view from the Council.
Particular care must be taken if the house is a listed building, within a conservation area, affected by an Article 4 Direction, or is in the Area of Outstanding Natural Beauty (AONB). In these circumstances special rules apply.
A short amount of time spent obtaining advice can save a great deal of wasted time later.
The Planning Portal: Information can be found under 'household planning rules' in the 'general public section' on the planning portal website (http://www.planningportal.gov.uk/england/genpub/en/1115311947777.html). The visual guide to planning permission for householders will provide useful information.