Neighbour extension accepted. Can I refuse access?

[mrbg07546]

Hi. I am writing for a friend

his neighbour (a property developer) put planning permission on the side and rear extension. He never spoke to them. It got accepted(some elements such as dormer got rejected) they are upset. Now to build extension they need access to boundary to build footings. Can We refuse them access given my friend owns boundry? They are upset given they was not
Politely told regarding planning, and it’s a case of a private developer, build and dump.

 

[DevilDamo]

An applicant does not have to speak to anybody about their proposals but is courteous to in order to keep the peace, etc...

If a Local Planning Authority receives a formal Planning application, they would normally notify neighbours of the proposals giving them an opportunity to comment, object or support.

If an applicant has submitted an application which encroaches onto neighbouring land in any way, i.e. footings or eaves/gutter then the applicant would normally be required to serve notice on that neighbour.

If the proposed works appear to be notifiable under the Party Wall Act, then the neighbour should have been served a Party Wall Notice or at least prior to works starting.

What makes your friend think or are of the understanding access will be required to their property to construct the foundations?

 

[mrbg07546]

The drawing attached says so..

 

[DevilDamo]

To me, that just means confirmation of who owns what boundary is required before work commences!?! If it didn’t mean that, the wording does still state ‘in writing’ so that is what your friend should be waiting for... in writing so some kind of formal agreement.

Can you upload a plan of the actual proposals?

 

[mrbg07546]

Birmingham planning no.
2020/02727/PA

 

[DevilDamo]

It’s ok, I’ll do it

http://eplanning.idox.birmingham.go...s?identifier=Planning&reference=2020/02727/PA

http://eplanning.idox.birmingham.go...Document-8EAD4CF8892634393450D06265741C05.PDF

http://eplanning.idox.birmingham.go...Document-E81D1628D138FB5B183CD09C9C163A50.PDF

http://eplanning.idox.birmingham.go...Document-FBD0355A5633CB1C00165FCF887516C5.PDF

Firstly, I find it crazy how LPA’s validation requirements vary so much. The amount of stick we get down here for not including dimensions on block plans, floor plans and elevations along with scale bars

Is your ‘friend’ no. 106 or 110?

 

[mattylad]

Your friend would be best off ensuring that the boundary is clearly marked now - before they get a chance to move it.

Also to ask where their gutters are going to go?

 

[mrbg07546]

106.

on the other point you raised. Isn’t not having stuff to scale defeating the point and open to abuse l?

 

[DevilDamo]

It appears the Planning applications part of the website is down atm so can’t remember which one is no. 106... to the north or south? If it’s to the north, then the plan does show a gap between the existing wall and the new side wall. Foundations don’t have to be centralised under new walls so they may look to adopt that approach if excavations would be too close to the boundary. They should also be considering their duties under the PWA (as mentioned above).

In relation to the scales, the LPA were happy with what had been submitted hence why they validated and then determined the application. What actual dimensions go on any Building Regulation/working drawings is anybody’s guess. If your friends had concerns the extensions were not being built in accordance with the approved drawings, then they can get in contact with Planning.

Edit: The website is back up now and your friend is to the south. Similarly to above, they could probably design an eccentrically loaded foundation along that new side wall. Or if there is a gap of at least 150mm to the boundary, a traditional 600mm wide foundation would ‘fit’.

 

[mrbg07546]

Well the developer and architect bought the other house next door! And did plans bigger for that and wrote about the one he just passed! His using a trick to get bigger.

http://eplanning.idox.birmingham.go...Document-37F8F71BA14D072A47E91A9F95B84C28.PDF

 

[John D v2.0]

Now to build extension they need access to boundary to build footings. Can We refuse them access given my friend owns boundry?

It looks like the aim is to stay within the boundary. The confirmation of the boundary is a basic requirement to stay within it, not a planning issue etc. It would be a civil action/imjunction you'd need to take.
You can definitely refuse access to construct new stuff, and it would be a trespass if they built across on your side. They can get access to maintain but not improve their property though. And they can get access for work on party structures, of which presumably there are none at present.
Worth bearing in mind, if they build the whole thing from the other side the finish might not be acceptable to you.
Your friend won't own the boundary as it's an imaginary line, they may own the boundary feature, which means it's likely the boundary is the neighbour's face of the boundary feature, meaning if they build it only just touching and no overhang, then it's entirely within their property.