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building next door
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cheapaschips_2
Posts: 201 Forumite
Hi,
i've seen a few posters on here seem to have a building / planning background so i thought i'd post my problem to see if any one can help.
next door to me (i am the last house on a road which tee-s onto the next road - so on one side i have gardens tee onto my boundary)
the first two houses have clubed together thier gardens to make up a plot next to my house. they got planning permission despite it being objected to, which ran until 23rd june 09. they had a couple of proviso's in their approval which they had to dispense before they could start. the last i heard they had done that so i expected the diggers to turn up, which they did, and now the footings are in. however when i look at the footings, they are way close to my wall which is on the boundary line. i've spoken to planning enforcement and he said he's come and looked at the plot, but because there are only footings there, he can't say if it's too close or not. not until there's some brickwork there. he did say that his view of the plan was that the gap should be 1 metre. he said that i should have a quiet word with the developer when he starts and make it clear to him where the wall should be and that if it isnt in the right place, it will either be - reapply time or planners make him take the wall down.
this seems mad to me , surely you can tell from where the footing is, where the wall will end up. he also said that the developer had'nt paid a bill to the council so that mean he hadnt dispensed with his proviso's. when i said well then in that case his planning has run out and he will have to re-apply, he said oh it doesnt work like that cause his footings are in now. again - this seems mad to me.
Can anyone comment on this and let me know if there's anything i can do to stop the build and make him re-apply? since he got planning approval, loads of the folk on the street who didnt know about the application have said that they would have objected if they'd known. it's an ugly house that isnt in keeping with the street and is far too close to my house in particular for anyones liking. i know this could sound like me being a nimby, but when it's your home not just a house you live, it matters.
thanks in advance
cheap.
i've seen a few posters on here seem to have a building / planning background so i thought i'd post my problem to see if any one can help.
next door to me (i am the last house on a road which tee-s onto the next road - so on one side i have gardens tee onto my boundary)
the first two houses have clubed together thier gardens to make up a plot next to my house. they got planning permission despite it being objected to, which ran until 23rd june 09. they had a couple of proviso's in their approval which they had to dispense before they could start. the last i heard they had done that so i expected the diggers to turn up, which they did, and now the footings are in. however when i look at the footings, they are way close to my wall which is on the boundary line. i've spoken to planning enforcement and he said he's come and looked at the plot, but because there are only footings there, he can't say if it's too close or not. not until there's some brickwork there. he did say that his view of the plan was that the gap should be 1 metre. he said that i should have a quiet word with the developer when he starts and make it clear to him where the wall should be and that if it isnt in the right place, it will either be - reapply time or planners make him take the wall down.
this seems mad to me , surely you can tell from where the footing is, where the wall will end up. he also said that the developer had'nt paid a bill to the council so that mean he hadnt dispensed with his proviso's. when i said well then in that case his planning has run out and he will have to re-apply, he said oh it doesnt work like that cause his footings are in now. again - this seems mad to me.
Can anyone comment on this and let me know if there's anything i can do to stop the build and make him re-apply? since he got planning approval, loads of the folk on the street who didnt know about the application have said that they would have objected if they'd known. it's an ugly house that isnt in keeping with the street and is far too close to my house in particular for anyones liking. i know this could sound like me being a nimby, but when it's your home not just a house you live, it matters.
thanks in advance
cheap.
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Comments
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cheapaschips wrote: »since he got planning approval, loads of the folk on the street who didnt know about the application have said that they would have objected if they'd known.
Why didn't they know? If the LA were negligent in posting signs then there may be a case for referral to the local government ombudsman, but if they just couldn't be bothered to find the [FONT=Times,Times New Roman]locked filing cabinet stuck in a disused lavatory with a sign on the door saying, "Beware of the Leopard,"[/FONT] then tough.0 -
hey cheap. im not in the business of planning control but have been in a similar situation to you with our neighbour who constructed a car park right up to our boundary wall. you may be in for a rough ride and a bit of stress-prepare yourself.
our district council is corrupt and despite 100+ objections they did not listen, hope that yours is'nt the same. I believe that neighbouring propertys should be atleast 1 metre from the boundary wall otherwise you are creating what is, in effect, a terraced row of properties. Footings are generally about 2footish wide to accomadate a double row of bricks, im sure somone will be along who is more precise than me. If I were you just wait until the first few rows of brick are laid then measure the distance. A person can apply for planning permission 'in retrospect', ie, they can start the work then apply for planning, that though is at their own risk and if not accepted they would have to demolish what they had built. you can see what plans have been submitted on your local councils website, by typing in your neighbours address. if things get out of hand, don't expect the council to listen to you, especially if you phone and just get through to their call centre. your best course of action for results is to contact your local councillor to help you. good luck0 -
Why make him re-apply? He's already got it! If he got planning permission, he's allowed to do as planned! Only the neighbours either side will have any say in the 'look' of it. Even if they object, that's not a guaranteed stop. It's nothing to do with the other people on the street! Planning is accessible by ANYONE. So they can't say they didn't know.
As for 'not in keeping with the street'... I'm all for people having the right to do as they wish with THEIR homes, since they own it and all. You say their house is awful, they might think your house is awful!!!
& you can't condemn them for having a wall too close to your boundary until it's built. You can't assume something before it's happened!!!
Why don't you build a 10ft wall around your house so no-one can bother you?Debt @ LBM 29/12/08 - £49044! Now £44684.Fat loss 29/85lbs // £100 into £10k £243.07/£10kHSBC Loan 9658 // HSBC CC 3484 // HSBC CC 1464 // DP's 779 // Car 0% 4851 // Halifax OD 1348 // HSBC OD 1.5k // HSBC OD 1k // Barclays OD 400 // IOMOM 4400 // S Loan 15k // Cap1 £8000 -
retrocircles wrote: »Why don't you build a 10ft wall around your house so no-one can bother you?
He/she'd be unlikely to get planning permission...0 -
Having a bad day?:rolleyes:retrocircles wrote: »Why make him re-apply? He's already got it! If he got planning permission, he's allowed to do as planned! Only the neighbours either side will have any say in the 'look' of it. Even if they object, that's not a guaranteed stop. It's nothing to do with the other people on the street! Planning is accessible by ANYONE. So they can't say they didn't know.
As for 'not in keeping with the street'... I'm all for people having the right to do as they wish with THEIR homes, since they own it and all. You say their house is awful, they might think your house is awful!!!
& you can't condemn them for having a wall too close to your boundary until it's built. You can't assume something before it's happened!!!
Why don't you build a 10ft wall around your house so no-one can bother you?
~Laugh and the world laughs with you, weep and you weep alone.~:)
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In theory he could get permission to build right up to your property, if he got permission for that (Which you would probably object to), he would then have to serve you with a party wall notice (You can't object to it, only lay down conditions that he is required to meet) and he can even build off of your land after that.
Regarding footings and distances, the edge of the footing will be closer to the boundary than the wall will be, it is not possible to determmine where the wall will be from the footings, as there are quite often different offsets and wall thicknesses.
Another thing with regards to objections, a 1000 people could object to a planning application, but if there no grounds for objection it will still get planning permission. It is nothing to do with corruption, if the council do not give the permission, the developer has the right to appeal, in which case if the plans were refused with no valid reason then the council will be fined.0 -
Having a bad day?:rolleyes:
Not at all. I just have a couple of these 'types' living on my street. The ones that make a fuss over everything. They type that have nothing better to do.Debt @ LBM 29/12/08 - £49044! Now £44684.Fat loss 29/85lbs // £100 into £10k £243.07/£10kHSBC Loan 9658 // HSBC CC 3484 // HSBC CC 1464 // DP's 779 // Car 0% 4851 // Halifax OD 1348 // HSBC OD 1.5k // HSBC OD 1k // Barclays OD 400 // IOMOM 4400 // S Loan 15k // Cap1 £8000 -
retrocircles wrote: »Not at all. I just have a couple of these 'types' living on my street. The ones that make a fuss over everything. They type that have nothing better to do.
Wow, i'm a 'type' now...
well if by a 'type' you mean i care about where i live and the surroundings of the area i live in , they yeahah, i'm a 'type' and proud of it.
i'm glad i don't want the whole of england concreted over, i'm glad to want some space around the houses in my area, and i'm glad there's more than just me like this...
I did accept that when i posted i was going to get both positive and negative comments, but come on.
you're quite right, we are all entitled to our own opinions. so fair enough if thats you point of view.
but do we really want every square inch of green space lost from our country?0 -
Cheap
If the developer has been granted permission and he has started construction on site within the time limits imposed, there is very little you can do. There are likley to be conditions attached to the application which the developer will need to discharge and comply with, but these are usually dealt with in parallel with the construction of the dwelling and not necessarily before construction starts.
As Cknocker has said, there may well be some party wall issues (depending on the depth of your footings, the new footings and their proximity, a 3m notice may be applicable), but this is not somethig that would prevent the development from proceeding. If there are some party wall issues and the developer has failed to serve the necessary notice then you are within your rights to obtain a court injunction to stop the works. This would be only a temporary suspension of the works, until the party wall award has been agreed however.
I think you just need to accept that there is nothing you can do to prevent the development going ahead. You may however be able to benefit in some way. Speak to the developer. If a 3m notice should have been served, ask why it wasn't. Suggest you may be willing to turn a blind eye if the developer is willing to maybe complete some works for you. For the developer to deal with the party wall issues, this would typically cost between £500 and £1000, depending on the complexity of the award. The developer may therefore be willing to fork out a few hundred pounds to do whatever you want. Maybe some new fencing or a patio??
Iain0 -
No he hasn't. He hasn't paid for the conditions to be discharged, therefore the permission was never implemented.retrocircles wrote: »Why make him re-apply? He's already got it!0
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