Not happy with neighbours planning app. Help needed

[Tomtuk]

Hi all.

My neighbours have submitted plans for a side and rear ground floor extension.

Having viewed them online I am unhappy with the fact that a run of over 10m will be along our boundary line.

We currently have a 6ft fence (theres) on the boundary. This will be replaced with the new wall of the extension.

A few questions:

In order to construct this wall the footings will likely be slightly on my land. I am also concerned that the builders will need to work on my land, and future maintenance will only be possible from my garden.

Also I have two ground floor windows which will now look out on to wall and not a 6ft fence. The boundary line is approx 1 / 1.5m From both my house and the neighbours.

So I am concerned with the following:

-Less light.
-Now having a party wall ? Rather than a fence.
-builders on my land for the duration of build
-future maintenance from my side only
-extractor fans coming into my garden.

Do I have any chance of getting these plans changed? I am able to object and I will be speaking to the neighbours in more detail.

Just wanted the heads up as to whether I can not agree the this or to people on my land ?

Many thanks in advance.

 

[Iamchamps]

The extension will be on there side of the boundary you can always build a fence along on your side. You will lose maybe 5 inches having to move the fence in slightly.

I find communication in the first instance is best. If the fence belongs to them they can tear it down to build their extension. Your cost will be a new fence. Talk with them and say you prefer to see a fence and would like one to stay.

 

[Tomtuk]

Thanks for your reply.

I know that with the fence.

I am after clarification as to whether I can simply say no the proposed build.

And that the changes that this build will bring to my own property?


Thanks

 

[^woody^]

You can only object to planning issues, so .....

-Less light.
Yes, but only if relevant and it may not be a valid objection anyway

-Now having a party wall ? Rather than a fence.
-builders on my land for the duration of build
-future maintenance from my side only
-extractor fans coming into my garden.

No, no, no, and no

Under separate Party Wall legislation, the neighbour has rights to erect a party wall and for builders to work on your land to do so.

Don't worry about future maintenance. A wall does no need any, but if it does the neighbour has more rights under other Access to Neighbouring Land legislation

Extractor fans over boundaries can be dealt with under other environmental and nuisance legislation - but only if they dao actually cause a nuisance - which is defined under law, and not just something that gets on your nerves.

If the build conforms to planning guidance it will go ahead and there is little you can do. Its best to get involved and try and get a design that impacts you as little as possible rather than just objecting to all and sundry.

 

[Tomtuk]

Thanks Woody.

That’s exactly what I needed to know.

Would this wall become a party wall then ? I have no knowledge on this subject as the extensions I’ve had have never gone to the boundary?

Thanks

 

[^woody^]

If the wall is built right on, or astride the boundary line then it will become a Party Wall under the PW Act, but the neighbour would have to follow the requirements of that Act and serve notices etc - he would be a fool to do this unless he absolutely needed to do it. Strictly the plans used for planning permission should state whether this is the plan or not.

More likely he will set the wall in just a few mm, and keep everything - foundations, wall, roof, gutter on his side of the boundary.

If he wants to work on your land then if he serves an appropriate notice under the PW Act, then he will be permitted to do so - with normal proviso's regarding times, noise, damage making good and such like. If he does not need to serve notice so gains no legal rights, but wants to agree access with you informally and you say "no", then you risk the prospect of staring at an awfully built wall for the rest of your time there.

 

[Tomtuk]

Excellent. Thanks for the information

 

[Footsoldier888]

If one of your side windows is a lounge window that would be reasonable grounds for objecting.

Some councils aren't so keen on people building to the boundary line and prefer 1m inside, the lack of seperation between buildings can be an issue if there is no visual gap from when looking from the road. Might be worth checking your council's policy on this. Sometimes access for bike storage can come into play as regards no gap down the side.

 

[Tomtuk]

One window is our dining room, other is the kitchen.

 

[Nakajo]

Personally, I think it's better that your neighbour build a wall astride the boundary. As and when you want to build your own infill extension, you have then a perfectly good wall to enclose against. Otherwise you lose 4.5" building your own wall. You're supposed to pay for half the cost of the wall that you subsequently enclose against, but this is generally cheaper than building a wall.

 

[garyo]

ome councils aren't so keen on people building to the boundary line and prefer 1m inside, the lack of seperation between buildings can be an issue if there is no visual gap

Yes, I've just had to modify my plans to move 1m away from the boundary to avoid 'terracing effect' and to avoid the street scene looking 'cramped' so perhaps the OP's council had similar policies.

 

[garyo]

If he's building the wall up to the boundary then what guttering arrangement is on the plans? Is it a flat roof? Single storey?

 

[GeoffJ]

If this is application approved (or possibly before it is approved) you may get "unsolicited letters" from party wall surveyors asking that that represent you during the project. General advice is to NOT react to any of these unsolicited letters. If the build goes ahead and you are on good terms with your neighbour then share his surveyor. If you are on bad terms or have any concerns then get your own surveyor. There is a list of recognised/accredited PW surveyors on the https://fpws.org.uk/ website.

 

[tony1851]

Extractor fans over boundaries can be dealt with under other environmental and nuisance legislation - but only if they dao actually cause a nuisance - which is defined under law, and not just something that gets on your nerves.

Don't Building Regs prevent extractors going directly over the boundary? I know boiler outlets can't - just wondering.

 

[Nakajo]

GeoffJ - that's just a list of people who subscribe to the FPWS, because of course (with minor caveats) anyone can act as a party wall surveyor. Not that there's anything wrong with that, but there's no particular 'accreditation' requirement, or RICS regulatory oversight, in case you think that matters.