Architect or Builder issue? with planning enforcement issue? Any help welcome.

[jules78]

 

[mrrusty]

I have to say that is an ugly extension and I have some sympathy with the neighbour! - see my comment re parapet!!

 

[jules78]

I have to say that is an ugly extension and I have some sympathy with the neighbour! - see my comment re parapet!!

The builders saying tho that the parapet is only 2 bricks so it cold only come down that much without removing the roof!

 

[motorbiking]

Sounds to me that with a bit of negotiation with the builder you are looking at 5-6k worth of work, If you agree that its in full and final settlement of any claim against him you might get that down to 3-4k. This is definitely in the "suck it up" territory of claims. Once lawyers get involved you are rapidly heading outside the realm of small claims and will find costs exceed remedy.

I'm guessing that it isn't a North or east facing garden.

Personally I have sympathy with the neighbour. You just to about 15% off the value of their home.

 

[jules78]

Sounds to me that with a bit of negotiation with the builder you are looking at 5-6k worth of work, If you agree that its in full and final settlement of any claim against him you might get that down to 3-4k. This is definitely in the "suck it up" territory of claims. Once lawyers get involved you are rapidly heading outside the realm of small claims and will find costs exceed remedy.

I'm guessing that it isn't a North or east facing garden.

Personally I have sympathy with the neighbour. You just to about 15% off the value of their home.

north west facing garden, what difference does that make?

 

[freddiemercurystwin]

You just to about 15% off the value of their home.

Complete rubbish.

 

[motorbiking]

north west facing garden, what difference does that make?

Planner will take account of source of sunlight when considering shadowing. If the development falls to the North, they wont be so bothered about it.

Looking at the photo it looks like the 45 degree rule has been broken. 2M height from centre of door at a 45 degree angle to extension.

Designing for Daylight – 45 and 25 Degree Test

Descriptions with examples of how to use the 25 and 45 degree test to ensure good daylighting in buildings. Read on to learn more!

www.firstinarchitecture.co.uk

A false pitch would probably have got around this.

and of course even if the enforcer agrees to the 2 brick reduction, the Neighbour still has the ability to get an injunction under the right to light act 1959. More recently there have been "retrospective" injunctions awarded rather than damages. Free service or not, the architect should have been aware of this rule.

 

[Dork Lard]

Oh deary me, could somebody please call the style police to arrest everyone involved in creating this monstrosity.

No wonder the neighbours complained, 'round 'ere you'd get folk from the next village insisting that frankenextension be pulled down.

The OP is clearly incapable of coherent thinking & really should be bringing in someone who can make sense of the madness & minimise the penalties . . . .

 

[noseall]

Builders don't usually get to see planning decisions, conditions or correspondence. I have been prodded many times by friendly BCO's asking me if I have seen the conditions..."er..NO". Clients are so excited when they see the words 'Planning Permission granted' that they ignore all the rest of the important stuff following.

Another bug bear of mine is when clients invite builders to quote based on planning drawings only. Even when their architect has specifically told them that he will produce those drawings when permission has been granted.

Looks like a customer problem to me, this one.

 

[motorbiking]

@noseall what would it cost to put right?

 

[Notch7]

I would guess that the ceiling height is in line with the top of that decorate soldier course.

so roof make up is probably:

300mm for flat roof
add 75mm for firrings
add150mm for lead flashing upstand
add 1 course more so lead flashing chase has a course above it

looking at water discharge shoot that confirms flat roof deck is sitting at 5 bricks above soldier course.

that adds up to 8 courses above soldier course….which is what you have.


The builder has built the extension to comply with good building practice and building regs compliance.

The question I’d ask is did the builder follow the construction details on the building regs drawings and if so….how could he have ended up with any other height


Personally I think architect has done a design to suit planning constraints without due consideration for construction.

 

[noseall]

@noseall what would it cost to put right?

Depends on a lot i.e. how busy the ceiling space is (pipes cables etc) and how much can be salvaged.
£6k best case maybe...?

 

[Nakajo]

Sorry, while it was inappropriate for the architect, as a professional, to act in this way, I can't see how they are remotely responsible for this cock-up.

 

[^woody^]

Dafuq?

 

[motorbiking]

I spotted that and wondered why they didn't use a wall starter strip. Not to mention the trespass damage over the party wall line. I'm assuming a party wall notice wasn't drawn up. That hole appears to be very close if not on the line. Maybe its to insert a lintel

@jules78 Your number 1 priority is to put this right with your neighbour. If they go legal, I reckon the bill will be 15-30k