Boundary Lines

spikeacus

Will be speaking to the local planning department tomorrow, but need some advice.

Our neighbours want to build another extension on an extension built in 2003 for a utilty room which involves the building coming right up to the boundary fence. The fence is theirs but they want permission for foundations to be laid under the fence and over the boundary line, which then means onto our property.

Where do we stand legally if we refuse permission for them to do this?

They did speak to us about this, and we did refuse verbally to them as at that time we had sold our home and said it would be down to the new owners, sadly that sale has now fallen through. They ignored this and still put in the plans to the local planning department. Now this sale has fallen through we have to make a decision whether or not to object.

If we do object would this count as a 'neighbour dispute'?

DVardysShadow

Objecting to planning permission does not count as a neighbour dispute. But the fact of the application must be declared.

I believe that the Party Wall Act might facilitate your neighbours doing the work - but probably not across the boundary line, particularly if you do not wish your capability to provide your own foundations for a similar extension to be compromised

daveyjp

When applying for planning permission did they state that the development was on land they didn't own? Did they also provide you with formal notification that they were applying for planning permission on your land?

If not the planning application form is invalid and you should make the local planning authority know this.

If they did they have done nothing wrong as anyone can apply for planning permission on any property as long as they let the property owner know.

If the land isn't theirs planning permission is not permission to build and you can refuse. It is not a dispute as they have no rights to build on your land.