Planning issue - building over shared access

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Hi all.

So, this might get confusing but I hope to keep it clear as possible. If you have any questions just give me a shout on here

So my friend had a extension approved over 5 years ago, under PD for a rear and loft. The rear was originally offset in 900mm as you can see in the set of drawings.

As PD rights had run out they decided to re-apply with the newer set of drawings, however the architect decided to go full width, my friend (the client) unaware of this. The project is now on site with footings dug etc.

The issue with this is the land of which the footings are being dug is a shared access. And the neighbour seems to be kicking up a fuss about it (I've attached letter from neighbour)

Now I advised that they rip up the foundations or footings and build again offsetting 900mm. They said about a option where if they build it the council authorities can't do anything about it after 7 years or so, I have heard about this but I believe 7 years is a long way to go.

 

[^woody^]

You should really redact all personal info in the documents

I'm not sure what the actual question is

However ...

PD rights don't "run out".

Planning enforcement period for a breach of planning regulations is either four or 10 years after completion of the works, however this appears to be a land law issue for the building on shared land, not a planning issue.

 

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sorry i didnt mean pd rights generally running out i meant they had to re-design as per a build over agreement, would you say the best advice would be to rip out the foundations and build as per the design which is set in?

 

[^woody^]

For work to be PD, it has to be wholly on the owned land. So whilst an extension may seem like it fits the PD criteria, if part of it is not land which belongs to the house, then it may not be PD.

In any case, no-one can build on land that is owned or controlled by others unless they have their permission, or some other valid legal authority to do so.

So yes, if the extension needs to be stepped back off shared land, then that needs to be done.

I may be that just the foundation above ground level can be removed, not the whole foundation.

 

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Thanks alot! Really appreciated.