What is ‘Overbearing’ in a Planning Refusal Response
What if there is a scope within the planning authority to reject your planning application just because your proposed plan is too intimidating to your neighbours?
Yes, a planning application for a proposed development may have all the chances to meet a refusal just because it seemed excessively dominant and oppressive to your neighbours. No joke! But this scenario will be deemed as ‘Overbearing’, and your development proposal may meet a rejection.
What is ‘Overbearing’?
Technically, ‘Overbearing’ is a term used to describe a scenario where a property and its structure may have an imposing impact on its neighbourhood or surrounding properties.
What Scenarios or Instances are Deemed as ‘Overbearing’?
Although ‘Overbearing’ is a potential refusal scenario, it varies from case-to-case. The final decision however will ultimately be taken up by the planning authority who will adjudge based on the neighbour’s concern that led to the objection.
- The proposed development’s overall physical presence, scale, and mass of the building may seem oppressive to the neighbour. In such a scenario, the excessive height, footprint of the proposal may be considered as potential disruptors.
- If the proposed development is of a large scale when compared to the neighbouring buildings in the area, then it can create a case for an ‘Overbearing’ presence. This means that the proposed development may be detrimental in altering the character of the area or street.
- If the proposed development is at close proximity to a neighbouring property or a property lying adjacent, it can be deemed as ‘Overbearing’. This may be a case where due to the proximity the neighbouring properties’ privacy, access to natural light, and outlook is significantly impacted. Although such a scenario is covered separately under different planning refusal scenarios, many times it may also cause due to an “Overbearing’ presence.
- ‘Overbearing’ does not necessarily mean loss of light or privacy should be disrupted, even if they are not compromised, the sheer dominating presence of the property itself may make a case.
Can I Appeal an Overbearing Refusal?
Yes! If your planning proposal is rejected on the grounds of an ‘Overbearing’ presence, you can go ahead and plan for an appeal. After careful assessment if you feel that the planning’s adjudging of the case was overly harsh or strict, you can try and appeal to the council ask them for an impartial review.
Conclusion
Though ‘Overbearing’ scenarios may not be too common an issue, but careful considerations during planning and designing your development is key. Watch out for the physical distance between your property and your neighbours’, as close proximities are more likely to be the case for ‘Overbearing’ objections.
During planning also consider the visual impact/outlook, excessive height from your neighbour’s perspective.
At Extension Architecture, we have years of experience in handling complex planning scenarios, and our planning experts are adept in professionally handling and liaising with planning authorities. If you want to learn more about similar planning refusal scenarios, go through our news section or you can contact us, visit us for expertly advice on all planning and related concerns.
