Planning permission - split land

RobHogan

Hi,

I was given a bit of a shock yesterday when builders turned up next door to my house and wondered whether anyone could offer any advice.

It's a bit of a long story but I'll try to keep it short

• Fred is granted planning permission to convert his 3 bedroom end-of-terrace house into 3 flats and a maisonette. This involves adding a second storey to an existing extension, and building a new two storey extension on the garden (effectively lengthening the terrace).
• Fred does not go ahead with the work, instead he sells off the end of the garden to Bob. The new boundary line is along the edge of the existing single storey extension, such that the roof of the extension overhangs the boundary slightly.
• Fred sells the house and remaining land to me.
• Bob turns up. He wants to build a two storey house on his land and believe's Fred's original planning permission covers him. He tells me I'm going to need to remove my extension's roof at my expense, because it encroaches his land as is in his way.

My thoughts after doing a bit of research:

• The permission as it was original given includes the second storey extension to what is now part of my house. This obviously won't go ahead without my say so, so does that render the original permission invalid?
• According to the Party Wall Act, Bob needs to give me two months' notice before work starts because he intends to build his house wall adjoining my extension's wall. Does this block any work or just work on that particular wall? He needs to start some kind of work soon, because the original permission expires on June 2nd.
• If, one way or another, Bob needs to seek permission again, is there anything that might stop him getting it? Can he really force me to rebuild my roof? (Is it even encroachment if the roof was there before the land was split?)

I'm off to the council office soon to get some quick advice but if anyone here has any thoughts they could offer I'd very much appreciate it.

Many thanks,
Rob

ic

Sounds like a question for your conveyancing solicitor to me, would have thought the searches they did when you bought the house should have showed this planning permission outstanding.

ormus

generally, if any construction deviates from the original PP, they need to re-submitted again. (some small changes are usually allowed. with permission).
as for your roof, i doubt they have a leg to stand on. they bought their property as seen. buyer beware.

DVardysShadow

As I see it, the original planning permission would be for an extension and a building which could exist side by side and not occupy the same space in the vicinity of your extension roof overhang.

So, either your extension roof overhang is outwith the original planning permission or Bob does not need to build his block of flats right up to the boundary.

edgex

RobHogan wrote: »

Hi,


It's a bit of a long story but I'll try to keep it short

• Fred is granted planning permission to convert his 3 bedroom end-of-terrace house into 3 flats and a maisonette. This involves adding a second storey to an existing extension, and building a new two storey extension on the garden (effectively lengthening the terrace).
• Fred does not go ahead with the work, instead he sells off the end of the garden to Bob. The new boundary line is along the edge of the existing single storey extension, such that the roof of the extension overhangs the boundary slightly.
• Fred sells the house and remaining land to me.
• Bob turns up. He wants to build a two storey house on his land and believe's Fred's original planning permission covers him. He tells me I'm going to need to remove my extension's roof at my expense, because it encroaches his land as is in his way.

the PP was for an extension, not a seperate dwelling

therefore Bob does not have PP for anything

patman99

He will need to apply for his own pp for his dwelling. At this point, you have the choice of either saying 'n worries mate, go ahead and build' or writing a letter of objection (on the grounds that it is over-development of the site).

RobHogan

Thanks all.

ic - I was aware of the old plans at the time I bought the house but the seller and I both believed that it was irrelevant because the plan involved building on what would become my land. It seemed like it was Fred's dead project but I should've got proper legal opinion, in retrospect. (But now that you mention it, my conveyancers didn't find anything at all...)

Ormus - I can only hope you're right.

DVardysShadow - The original PP did remove what's now my roof as it involved building on top of that extension - of course at the time the whole lot was owned by Fred so that wasn't contentious. Bob probably still wants to build up to my wall because a) that's similar enough to the original PP that he thinks he's already covered and b) the land is quite narrow, and he probably wants all the width he can get. If he has to reapply for PP he might consider leaving a gap between the buildings though - I certainly wouldn't mind that so much.

edgex - I probably shouldn't have said extension. There was never any access planned between Bob's land and mine, that wall was always going to divide my house from the two proposed flats on Bob's land.

Thanks again everyone - I'll keep you posted on what I learn.

Dippypud

Be careful, if you have any maintainance to do on the 'end' wall, you'll have to go on to Bobs land to effect access.

keystone

Dippypud wrote: »

Be careful, if you have any maintainance to do on the 'end' wall, you'll have to go on to Bobs land to effect access.

With Bobs permission which he cannot unreasonably withold. If he does you can get an order requiring him to provide access under the Access To Neighbouring Land Act 1992. Such would ONLY allow maintenance of an existing structure and not anything else.

Cheers

keystone

Oh and Bob will need to apply for his own PP - he cannot use the existing one which was for a different project. You will be at liberty to object of you believe granting of same will adversely affect you.

Cheers