Planning Permission, Extensions & the Law - Advice Please

savedalot

My neighbours have applied for planning permission to extend their house right onto our boundary so their new house wall would actually become the boundary. I know we can object on the loss of light, etc. but this is the issue; to build this extension they will need access to our garden (just for the building work, not permanently). Also the foundations will be partly in our garden and the guttering will overhang our garden. I've been told that they need my permission for all this and they have no legal right to access, foundations in my garden etc. without it even if they get planning permission. Does anyone know what the law is on this or any experience of this sort of thing themselves?

silvercar

They can't have guttering etc overhanging your garden (unless you give permission, and even then they should get a legal document drawn up). They can build up to the boundary wall if they rethink their guttering plans.

As far as access is concerned, they can get it eventually, even if you object. They should draw up a party wall agreement if they are building very near the boundary. You can be difficult and awkward if you want but eventually you willhave to allow them reasonable access to build but not to occupy. Essentially you own, along your boundary line, from the centre of the earth to the top of the sky.

Basically occupying your space is a no-no; access is allowed. Do remember that you have to live next to your neighbours so being difficult could rebound on you at a later stage.

mikeywills

Have your neighbours approached you with the plans, or did you find out through your planning office. I tend to find that objecting and being awkward causes you more hassle in the longrun, but there is no need to be a pushover either.
If they need access onto your land allow it, but make sure before the outset what you expect from them indoing so. Tidying up, no building material on your property, appropriate reinstatement of your side on completion.
They need you on side so as to not delay proceeding any longer than necessary, and now would be the opportunity to discuss with them what you feel would be acceptable and just compensation for the inconvenience.

frequent

Hi Savedalot,

Get yourself down to your local planning office ( round here they call it the "regeneration dept")

Ask for a copy of "The Party Wall etc. ACT 1996"

Its an A4 sized explanationary booklet with a dark red cover.

All your answers are in there.

Also if the foundation are going to be partly in yur garden i'd guess that this party wall would give you the right to hire your own surveyer at their expense to go over the work.

You'd also be entitled to ask for structural engineers drawings as the load calculations will be on there.

Wouldn't worry about the neighbours and getting on, doesn't seem like they give a stuff about you.

Mst important of all, as soon as you receive copies of their plans, you have 28 days to view the plans and make any objections in writting ( within that 28 days).

You can also ask to speak to the planning officer who's case this is.

Also this kind of work requires a validation from building control (dif dept than planning), building control would want t see structural engineers drawing and poss architect drawings before validation such a project.

I'd get onto the land registry and ask them for a copy of your road's plans with a highlighted line showing the exact boundary line between you and neighbours houses..then measure it and make sure your accurate to the milimetre..you'd be surprised how many sneaky little land grabs go on.

HTH
Best of luck.

savedalot

Thanks to Mikeywills, Silvercar & Freqent for the info. Don't have much time with this as I only found out about it a few days ago and the planning meeting's next week. It's not the access to do the work that's the objection but the fact that, as well as the loss of light issue, their new house wall becomes the new boundary and they will have to destroy my garden to put in the foundations which will be partly in my garden. Does the law really allow them to do that? Re. Silvercar's point about owning along your own boundary - everything from the centre of the earth up to the sky - does that mean I don't have to have their foundations on my land? Unfortunately, they're the rather unpleasant sort of neighbours who ride roughshod over everyone else so there won't be any friendly negotiations with this I fear.

sneekymum

They can build up to the boundary. They can put their foundations on your land. They cannot overhang windowsills, eaves or gutters - even by a tiny amount. So to build up to the boundary without your cooperation they would need to put a plain wall there and use it as a wall to lean their new roof against or it would have to be a parapet.

If you live in a semi or your house is close to the boundary where the extension is proposed you might find that a long extension is not allowed due to the Planners having a 45degree rule which prevents development in typically (not always) a five metre zone measured at an angle of 45 degrees from the centre of your nearest habitable room.

Not all Local Authorities have such a rule (ask your Planners) and in about half of those which do they do not count glazing so that a conservatory would be allowed. Also solid wall up to 2m from the ground is ignored under this rule as your neighbours could build a wall to that height up to the boundary anyway.

My view is that such extensions bring a lot of privacy to the adjoining garden - provided there are no overlooking windows. I would rather have a solid wall edging my garden than one with windows however obscured. Certainly there cannot be windows which open onto your land.

sneekymum

savedalot wrote:

Does the law really allow them to do that?

Yes - sorry

mrs_baggins

sorry to hear about your problems. You say the planning meeting is next week ? but how it usually works is that when they apply for planing the neighburs affected are all sent a letter explaining what is happening and t this point you can then go and have a look at the plans. Best thing you can do is to make an appointment with the plannign officers who are dealing with this and speak to them and they should be able to anwer all your questions. You mentioned a right to light but from what I know its not as you would think. I think you have had to have lived in the property for 30 years or so before this is granted but gain the planning peopel shold be able to tell you.

frequent

If it is a party wall, they will def have to underpin the foundations on both side which would include you side.

They have no right what so ever to use any of your land without your consent.

You can have it written into the party wallagreement that they are responsible for the cost of "making good" anything on yourside they mangle during works ( and clause it if poss stating that the extension would be only signed off when the "making good is complete"..as people hve been known to leave that side of it unfinnished.

Also re the planning meeting..ask for a copy of the plans and get a written bjection in imeditatly on the light issue, and make sure you point out that you have no party wall agreement to work from, the planners won't like that, also, make sure to ask if building control have been notified of the works and " have validated the application".

the prefered daylight angle for pitching roofs to avoid neighbour loss of light is 25 degree, look on the architects drawing to see if this has been observed, if not i'd use that too, that should make for a delay in progress and give you a chance to get your side of it together using the law to protect your property.

sneekymum

Right to Light is commonly misunderstood. It mostly relates to windows which look across the boundary and prevent neighbours form building on that boundary. See here.

never_enough

I'm really surprised at the replies to this, quite shocked actually that a neighbour would have the right to put their foundations in your garden & have guttering overhanging into your garden. What happens if you then wanted to build on your side up to the party wall? Presumably you wouldn't be able to because of foundation issues?
I always assumed that foundations would need to be in your own land. Previous owners of my house put a wall around part of our garden, the foundations are on my land so the neighbours actually gained a little ground on their side.