When your planning application is refused on the grounds of being ‘overbearing,’ it can feel like an ambiguous and frustrating reason. What does it mean exactly? Let’s break it down.
The basics of ‘overbearing’
In planning terms, an ‘overbearing’ impact occurs when a proposed development is considered to dominate or overwhelm the adjacent properties to an unreasonable degree. It typically refers to the size, scale, or positioning of your proposal in relation to its surroundings, especially nearby homes.
When the council looks at the impact of your development, they don’t just assess whether it blocks light or causes overshadowing (although these can be related concerns). ‘Overbearing’ is more about how the proposed structure would feel for the neighbouring residents in terms of dominance and outlook. Even if sunlight isn’t completely obstructed, the mere presence of a looming wall or building can feel oppressive to people living next door.
Appealing an overbearing refusal
If you've received a refusal on these grounds, it's not necessarily the end of the road. It might be a good idea to appeal the decision, particularly if you believe the council’s judgment was overly strict or if you can demonstrate that your proposal complies with the relevant guidance. After all, this issue is inherently subjective. The Planning Inspectorate will review your case impartially, and a well-prepared appeal can overturn the council’s decision.
As appeal specialists, we know exactly what arguments to put forward in support of an appeal. For assistance or advice, make use of your free consultation.
The information contained in this article may have become out of date since it was written. Under no circumstances shall the information contained in this article be taken as professional advice.