Joined
21 Jan 2017
Messages
107
Reaction score
1
Country
United Kingdom
Hi Everyone,

I hope you’re all doing well. I have prepared a submission of neutral comments in response to a planning permission application from my neighbor, and I would appreciate your feedback.

Excuse the lengthiness of my comments, but could you all please take a look at them and provide your opinions? Specifically, I am looking for:

  1. If my comments are clear, accurate, and relevant, or point out if they are incorrect.
  2. Suggestions for any corrections or improvements.
  3. Advice based on your own experiences with similar situations.
  4. Whether this should be an objection or keep it neutral.
Your feedback will be helpful in ensuring that my submission is effective and appropriate. Please find my draft comments below. I have replaced my and his address for the word (Sample road) I am number 1 Sample Road.

Below are the comments.

Thank you all.

______________________________________________________________________________________
To whom it may concern,

Please note that any mention of the term "shed" within this text refers to the old adjoining shed that was repurposed for internal home use through a granted extension build in 2005/2006 at 1 Sample Road. The extension links to the shed, making it part of the main home of 1 Sample Road. Part of it was replaced with a new roof, which is the subject of concern below.

Regarding the current planning application, we wish to provide our comments from a neutral standpoint. These comments are submitted respectfully, with the understanding that some may or may not be applicable under planning permission laws, local planning policy, and guidelines. These comments will be submitted via this platform and email to the planning case officer in charge for consideration of comments and conditions on the submitted application (APP1FHA), if applicable. This will ensure a documented legal trail for future reference should any issues arise.

The comments below are as follows:

Discrepancies in Site Plan Submission / Historical Accuracy Regarding Boundary Lines Between 2 and 1 Sample Road:

The architectural submission of site plan maps and drawings of the street boundaries is inaccurate and does not accurately reflect the .gov land registry title plan. This discrepancy occurs between the address of this application at 2 Sample Road Road (Title #1212) and the adjacent neighbor at 1 Sample Road (Titles #1414 and #2424, land adjoining 1 Sample Road Freehold). The submitted online architectural site plan drawings entirely misses 1 Sample Road (Shed) red/green line title plan drawings #2424 boundary.

The shed is an adjoining structure built between 2 and 1 Sample Road in 1949, constructed entirely by Sample Council. Part of the shed's outer wall, located in the garden area, falls within the boundary of 2 Sample Road; however, it belongs to 1 Sample Road. This is clearly indicated in the title registers and boundary land registry plans (red/green line drawings) for both properties. The houses on Sample Road, built around 1949, each had or have their own sheds with different layouts. The shed at 1 Sample Road is part of this original build, providing residents with access to their shed, similar to the other properties on the street.

Objection to Proposed Modifications Impacting Shed Roof:

This application (APP1FHA) proposes using part of the shed's outer wall, which is partially built within the land of 2 Sample Road but belongs to the neighboring property at 1 Sample Road (originally built in 1949, titled as #2424, land adjoining 1 Sample Road, Town, Freehold). The application’s drawings suggest building off this rear outer wall and dual-pitched roof design, cutting across the top and disturbing the shed's roof and fascia.

The owner of 1 Sample Road does not grant permission for any disturbance, modifications to the roof/facia structure, or use of their property's structure in that manner, as it would cause damage and/or alter the current shed roof/structure, thereby invalidating the roof warranty and home insurance declaration of 1 Sample Road.

Additionally, there are further comments below:


Potential for Future Disputes:

The proposed connection between the new build's roof and the adjoining shed roof could create a situation where it is unclear who is responsible for maintenance, repair, and liability in the event any issues arise in the future. It is unclear what the method will be for this roofing structural build. However, if the proposed extension roof does not touch, overlap, or disturb the shed roof and fascia’s (only), then there should be no reason for concern from the owner of 1 Sample Road.


Boundary Line Construction and Compliance Measures (Foundation):

Given that the build is on the boundary line, it is important to consider assessing the foundations near the neighbouring property at 1 Sample Road, especially concerning the outer shed wall built in 1949 that will be in use. There is a concern that any excavation will be deeper than the foundations of the shed's outer wall; therefore, seeking trial assessments of these foundations may be advisable due to the potential risk of disturbance issues and ensuring the risk of damage is as low as possible. Additionally, ensuring the installation of eaves, guttering, and down pipes effectively manages water discharge and remains within the boundaries of 2 Sample Road (not contrary to planning permission but property law and building regulations).

Assessment of Natural Daylight Impact:

Considering the height and bulk of the proposed development to be built on the boundary line, and in respect to scale drawings, it is currently unclear whether there will be any impact on the natural daylight that enters through the windowed kitchen side door (Habitable Kitchen 21m²). This door is directly opposite the proposed build and within 2 meters. If applicable, consideration of the 45-degree rule would be appreciated, subject to council policy and whether windowed kitchen side doors are taken into account.

Other than concerns about the roof and potential comments above, there is no objection in principle to the proposed work building off the outer shed wall. However, since the proposed build at 2 Sample Road will be on the boundary line and involves use of the outer wall & excavation near the neighboring property, it is required to serve the relevant Party Wall Act notices to the neighbor at 1 Sample Road in writing one or two months prior to construction. This ensures that reasonably necessary measures are taken to protect their property from foreseeable damage and upholds additional rights as described in The Party Wall etc. Act 1996.

To reiterate, we submit these comments with the understanding that some may or may not be considered under planning permission laws, local council planning policies, and guidelines. In conclusion, we wish the neighbors at 2 Sample Road the very best in their upcoming build and hope that all necessary considerations and measures are taken to ensure a positive and harmonious outcome for everyone involved.
 
Last edited:
Sponsored Links
I wouldn't waste your time sending any of that.

I've pointed out before that kitchens are not considered habitable rooms in planning terms so you have no right to light.

All your other points bar the accuracy of the site plan are building regs issues and won't be considered by the planning department when discussing planning permission.
 
Sponsored Links
I wouldn't waste your time sending any of that.

I've pointed out before that kitchens are not considered habitable rooms in planning terms so you have no right to light.

All your other points bar the accuracy of the site plan are building regs issues and won't be considered by the planning department when discussing planning permission.
Wont be considered by the planning department when discussing planning permission<< I agree totally, its not an objection. I just feel theirs grounds for comments to ensure inaccuracy are known and a legal trail

Even on the grounds of what i mentioned before as : This will ensure a documented legal trail for future reference should any issues arise. <<< Its just neutral, i have no means of objections its just a trail, should problems arrise in the future. Incase that is the matter and then the argument for why you didnt say anything then would be thrown at me. Thats all.

I accept your comments regarding habital but there a number of councils in the UK that state otherwise especially concerning the kitchen being a large size and would therefore be consider habitable, forget that though we'll assume your fully correct on that.

Knowing that planning wont do nothing i get that hence why i wished them success in thier build. Its just a cover, additionally its also been known for planning to grant permissions but with conditions, such as foundations check etc. which i have seen with a few applications. So it could be worth it.

More to the point of legal trail.

Thanks
@thomp1983
 
Remember someone has to read it without getting bored or missing the points. Cut out waffle and stick to the points you want to make.

Confine your points to planning issues only, you've mentioned quite a few technical and non-planning matters.

Always relate your objections to the national or local planning policies, and if you know any relevant precedents, throw them in, but don't tell planners their job or what to consider. Describe the impact on you and your enjoyment of your property that the proposed works will make - personal impact can be subjective but well-presented can be persuasive. Impact on the building less so. What other councils do or don't do or allow or deny has no relevance.

There is no point trying to "document" for future legal issues. There won't be any practical scope for any future legal issues to arise - planning decisions tend to be final and not relevant to any other legal process. Be the humble affected person just trying to live in their home, not the quasi-legal internet lawyer laying evidence for some future legal action.

You don't need to say there is "no objection in principle". You object based on the points you raise, or you support based on the reasons you give. Do one or the other, not bits of each.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top