David Cameron’s controversial ‘extensions free-for-all’ could make it impossible to prevent neighbours from concreting over their entire garden, town planners warn.
Communities Secretary Eric Pickles insists proposals to double the length of extensions that can be built without planning permission would allow people to build only out to half the length of their garden.
Now the Royal Town Planning Institute has pointed out his pledge is not reflected in the wording of the legislation which uses the legal term ‘curtilage’, rather than ‘garden’.
Curtilage refers to all privately owned land around a dwelling, including front and back gardens, as well as any passageways.
This, they say, would allow homeowners to put up much longer extensions and could ‘easily result in whole gardens being built over’ – with a huge impact on neighbours’ quality of life.
The Daily Mail reported last week that Tory councils are in open revolt against the proposals.
A crucial vote will take place tomorrow, and a group of Tory MPs – including environmentalist Zac Goldsmith – are expected to oppose the plans.
Under Mr Cameron’s plans, due to come into force this year for three years, single-storey extensions of up to 26ft could be built almost anywhere without the need for planning consent.
Mr Cameron believes the plans will help boost the construction industry. But the Local Government Association says the changes will spoil neighbourhoods, create disputes between neighbours, and increase flood risks.
They say it could mean up to 20,000 extra extensions a year.
Mr Pickles told the Commons: ‘There are the safeguards on curtilage and for ensuring that no more than half the garden is built on.’
But in a briefing to MPs, seen by the Mail, the RTPI says that while the legislation states that only half of the curtilage should be taken up, it does not mention ‘gardens’.
Balance: The legislation will stop homeowners from building beyond halfway down their garden, claims Communities Secretary Eric Pickles
The RTPI said that problems would occur if a neighbour had a good-sized front garden and perhaps a side passage leading to the back garden, both of which would count towards the extent of the curtilage.
In theory, someone wishing to build over half their curtilage could build over all or most of their back garden, as long as they didn’t touch their front garden.
The briefing added: ‘We feel that the issue of neighbour disputes has not been fully considered.
‘The building of extensions, particularly in built-up areas, can be very contentious with neighbours keen to protect their homes from being overlooked and from having their natural light reduced.’
The House of Lords watered down the plans with an amendment offering an ‘opt out’ for local councils. The Government hopes to overturn this change in the Commons on Tuesday.
Communities Secretary Eric Pickles insists proposals to double the length of extensions that can be built without planning permission would allow people to build only out to half the length of their garden.
Now the Royal Town Planning Institute has pointed out his pledge is not reflected in the wording of the legislation which uses the legal term ‘curtilage’, rather than ‘garden’.
Curtilage refers to all privately owned land around a dwelling, including front and back gardens, as well as any passageways.
This, they say, would allow homeowners to put up much longer extensions and could ‘easily result in whole gardens being built over’ – with a huge impact on neighbours’ quality of life.
The Daily Mail reported last week that Tory councils are in open revolt against the proposals.
A crucial vote will take place tomorrow, and a group of Tory MPs – including environmentalist Zac Goldsmith – are expected to oppose the plans.
Under Mr Cameron’s plans, due to come into force this year for three years, single-storey extensions of up to 26ft could be built almost anywhere without the need for planning consent.
Mr Cameron believes the plans will help boost the construction industry. But the Local Government Association says the changes will spoil neighbourhoods, create disputes between neighbours, and increase flood risks.
They say it could mean up to 20,000 extra extensions a year.
Mr Pickles told the Commons: ‘There are the safeguards on curtilage and for ensuring that no more than half the garden is built on.’
But in a briefing to MPs, seen by the Mail, the RTPI says that while the legislation states that only half of the curtilage should be taken up, it does not mention ‘gardens’.
Balance: The legislation will stop homeowners from building beyond halfway down their garden, claims Communities Secretary Eric Pickles
The RTPI said that problems would occur if a neighbour had a good-sized front garden and perhaps a side passage leading to the back garden, both of which would count towards the extent of the curtilage.
In theory, someone wishing to build over half their curtilage could build over all or most of their back garden, as long as they didn’t touch their front garden.
The briefing added: ‘We feel that the issue of neighbour disputes has not been fully considered.
‘The building of extensions, particularly in built-up areas, can be very contentious with neighbours keen to protect their homes from being overlooked and from having their natural light reduced.’
The House of Lords watered down the plans with an amendment offering an ‘opt out’ for local councils. The Government hopes to overturn this change in the Commons on Tuesday.