Neighbours house extension...not sure where I stand?

ab7167

You do not have to permit them access to build, and I think you can also insist that no part of the build, including the foundations, is allowed on your land. They also have to reinstate the boundary as was, if it is your fence. It may be worth researching Party Wall Agreements, as it appears they are building within 3m of the boundary. FWIW, we had this exact same situation, and the 2 storey extension was refused due to overbearing on our garden.

LGDNUFC

Rikki wrote: »

Check when the cut off date is for objections too.

Have a chat with other neighbours see what they think. They may not be aware of the planning application.

It says "expiry date for neighbours consultation" is 31/12/10...am I right to assume this is what you are referring to regarding objections?
Im going to knock on my other neighbour tomorrow as the back of their house will face on the single storey extension they are planning to do...

olly300

LGDNUFC wrote: »

Thanks for that...there is very little space down the side of their house and I really cant see how they will manage to put up scaffolding without using some of my garden...which will be a a right hassle as I have 2 small children under 5

If you use your garden a lot even in winter then you could refuse to grant them permission to use your garden as it's a hazard for your children.

tbs624

LGDNUFC wrote: »

I think you are right about building right upto the boundary but my dad seems to think that I have make my garden accessable for any work to be done...

I think perhaps what your father is thinking of are the provisions of the Access to Neighbouring Land Act 1992, under which a neighbour may apply to a Court for access to be ordered. However, this relates specifically to works of "preservation" on the applicant's property/land, rather than to proposals for new build extensions etc. (property deeds may already allow for this anyway) Even where "preservation" works are what is required the Court may not necessarily order access if it would create difficulties for the neighbour

Your neighbour can't simply presume that scaffolding on your land would be acceptable to you - it would have to be subject to your agreement. This is one of the reasons that IMO it is a foolish neighbour who chooses not to informally discuss their plans with affected neighbours.

You may want to consider using someone like this or if you can do some research on the right grounds on which to try to object do it yourself - your local Council should have info on their website and/or a leaflet similar to this one.

Have a think about any potential alterations to the plan which may improve things for you - alteration of roofline etc. You comment about there being a "wall with no windows and doors" but surely if this wall is to face your property you would not want there to be windows in it?

As for comments about the Planning Offices being shut over Xmas - have you tried viewing the plans online, via the Council website's Planning section?

DogsBody

ab7167 wrote: »

... It may be worth researching Party Wall Agreements, as it appears they are building within 3m of the boundary. ....

^^^ This

Are you on speaking terms with your neighbours? Is there any point in going round and discussing to see if there is any compromise they are willing to make (and you are willing to accept) in return for you not objecting?

Friend recently went through similar, in that neighbours wanted an extension, he discussed with them, they submitted plans acceptable to him, all fine, but then they went ahead and built what they originally wanted. Much to-ing and fro-ing later, having had enforcement notices served on the neighbours to change the extension to what it said on the plans, eneventually nothing was done and neighbours 'got away with it', but one heck of a neighbour dispute now in place, if one or other of them ends up 'under the patio' I wouldn't be at all surprised. Something to be aware of when it comes to either of you selling.

LGDNUFC

tbs624 wrote: »

I think perhaps what your father is thinking of are the provisions of the Access to Neighbouring Land Act 1992, under which a neighbour may apply to a Court for access to be ordered. However, this relates specifically to works of "preservation" on the applicant's property/land, rather than to proposals for new build extensions etc. (property deeds may already allow for this anyway) Even where "preservation" works are what is required the Court may not necessarily order access if it would create difficulties for the neighbour

Your neighbour can't simply presume that scaffolding on your land would be acceptable to you - it would have to be subject to your agreement. This is one of the reasons that IMO it is a foolish neighbour who chooses not to informally discuss their plans with affected neighbours.

You may want to consider using someone like this or if you can do some research on the right grounds on which to try to object do it yourself - your local Council should have info on their website and/or a leaflet similar to this one.

Have a think about any potential alterations to the plan which may improve things for you - alteration of roofline etc. You comment about there being a "wall with no windows and doors" but surely if this wall is to face your property you would not want there to be windows in it?

As for comments about the Planning Offices being shut over Xmas - have you tried viewing the plans online, via the Council website's Planning section?

Thanks for the links to the websites they are very useful and the council leaflet will help alot when I compose my letter to the council.
The said neighbour havent approached us at all about their planning application, which I find rather ignorant as the building will massively disrupt us. I just feel that this could turn into a lengthy to'ing and fro'ing and I really dont want it to get to the point where it will become uncomfortable when ever we see them..

LGDNUFC

DogsBody wrote: »

^^^ This

Are you on speaking terms with your neighbours? Is there any point in going round and discussing to see if there is any compromise they are willing to make (and you are willing to accept) in return for you not objecting?

Friend recently went through similar, in that neighbours wanted an extension, he discussed with them, they submitted plans acceptable to him, all fine, but then they went ahead and built what they originally wanted. Much to-ing and fro-ing later, having had enforcement notices served on the neighbours to change the extension to what it said on the plans, eneventually nothing was done and neighbours 'got away with it', but one heck of a neighbour dispute now in place, if one or other of them ends up 'under the patio' I wouldn't be at all surprised. Something to be aware of when it comes to either of you selling.

Our neighbours dont speak or acknowledge any of their neighbours including us.. which is a shame!

G_M

Rikki wrote: »

What I will say if you do put any points forward it makes the council look closely at the application. They may still grant permission but you would have put your objections forward.

How true! How true.

poppysarah

31st a work day? Get in early

LGDNUFC

Ive just emailed my letter regarding my objections, it was a very civil and polite letter not at all rude or personal at all ( i suprised myself, more so my other half as he would have torn strips off them if I had let him write the letter)...Im assuming it is now a waiting game as the closing date is the 31st December....