Planning application question.

*Robin*

I know everyone likes to hear the results of a question, so here goes:

Well, initially the Planning Officer told me that he'd refused the application (verbally, unfortunately). Then the Coalition issued the new guidelines so the Planning Committee looked at everything in front of them again.

They have decided that under these new guidelines they have to permit my neighbour's application. The letter arrived last week.

I have been poring over various advice about The Party Wall Act 1996 ever since, in particular this:

http://communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

But I'm really not sure how much leverage it gives me. It says I have the right to:

1. Appoint a surveyor to resolve any dispute;
2. Require reasonably necessary measures to be taken to protect my property from foreseeable damage;
3. Not to suffer any unnecessary inconvenience;
4. Be compensated for any loss or damage caused by relevant works;
5. Ask for security of expenses before significant work starts so as to guard against the risk of being left in difficulties if work stops at an inconvenient stage.

The neighbour still has not approached me to talk about access, or any other part of the impact their project will have on my property.

I'm running out of time, so thinking of going round myself to ask for detailed plans of the foundations - which will be only one metre from my building -and see what they propose by way of compensation.
But I really don't want it to turn into a row - so please does anyone have any suggestions as to how I should approach this?

Imp

*Robin* wrote: »

I have been poring over various advice about The Party Wall Act 1996 ever since, in particular this:

http://communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

But I'm really not sure how much leverage it gives me. It says I have the right to:

1. Appoint a surveyor to resolve any dispute;
2. Require reasonably necessary measures to be taken to protect my property from foreseeable damage;
3. Not to suffer any unnecessary inconvenience;
4. Be compensated for any loss or damage caused by relevant works;
5. Ask for security of expenses before significant work starts so as to guard against the risk of being left in difficulties if work stops at an inconvenient stage.

The neighbour still has not approached me to talk about access, or any other part of the impact their project will have on my property.

I'm running out of time, so thinking of going round myself to ask for detailed plans of the foundations - which will be only one metre from my building -and see what they propose by way of compensation.
But I really don't want it to turn into a row - so please does anyone have any suggestions as to how I should approach this?

You have listed your rights. Your neighbours should write to you regarding the party wall act, but probably won't as they don't know about it, so in the spirit of neighbourly relations, it might be worth while writing to them reminding them of their duties. They may offer for you to use the same surveyor as them, but this will be detrimental to you, so you need to find a party wall surveyor you are happy with now. I believe the neighbours should pay his fees.

The compensation is for losses. If you suffer no tangible loss (typically damage to a garden or hard landscaping) then you will receive no compensation.

Remember, the Party Wall Act is all about enabling development on a boundary, not about stopping it. It has no teeth and if it is not adhered to, there is very little you can do about it. Once the construction is out of the ground, most of the relevance of the act is past, but it is the stuff out of the ground that you seem most interested in.

The extension is going to happen. You now have a choice whether you have good neighbourly relations until one of you moves, or bad neighbourly relations.

*Robin*

Thank you for your reply, Imp.

Imp wrote: »

Your neighbours should write to you regarding the party wall act, but probably won't as they don't know about it, so in the spirit of neighbourly relations, it might be worth while writing to them reminding them of their duties.

As they haven't bothered to talk to me about it, maybe a written query would be better than knocking on their door (therefore thanks for your opinion that this option is preferable).

Imp wrote: »

The compensation is for losses. If you suffer no tangible loss (typically damage to a garden or hard landscaping) then you will receive no compensation.

This is where it gets messy - due to bereavement this house is now both too large and expensive for me to run, so a tenant is poised to move in. But one of the main things they like about the house is the lovely quiet atmosphere, so the news of impending building work was greeted with dismay. Luckily we have not yet signed the contract, because I am worried that I'd have to rent somewhere else for them for the duration of building works if this house becomes unsuitable due to noise and disturbance - ie. it becomes a very different situation to what they think they're signing up for. That cost would be approximately £1,500 per month, possibly for a minimum of six months as that's the usual AST.
Or my tenants could drop out altogether, which leaves me with more advertising costs, plus living costs while I have to stay here to get this sorted out, plus loss of rental income.

Apart from that, any excavations will destroy the block paving path alongside the new wall, so that would all have to be relaid (no idea of the cost, but I believe the whole paved area would have to be done at the same time to restore it to the current standard, which includes a double driveway and patio).

Imp wrote: »

Remember, the Party Wall Act is all about enabling development on a boundary, not about stopping it. It has no teeth and if it is not adhered to, there is very little you can do about it. Once the construction is out of the ground, most of the relevance of the act is past, but it is the stuff out of the ground that you seem most interested in.

Well I could apply for an injunction to hold up the work until arbitration has reached an acceptable compromise, but would rather not let it get that far - hence my willingness to approach the neighbour myself.

Imp wrote: »

The extension is going to happen. You now have a choice whether you have good neighbourly relations until one of you moves, or bad neighbourly relations.

I know. Which is why I'm asking for suggestions to help me approach the problem so that I have the best chance of a happy outcome (which includes not being out of pocket of course).

*Robin*

How does this sound:

Dear Neighbour,

As you are obviously aware, your planned building work will impact heavily on my property, so I am rather surprised that you have not yet discussed this with me.

Naturally I need to know that the necessary measures will be taken to protect my house, which is only one metre away from the new wall you intend to build.

Please could you therefore provide detailed plans showing the extent of footings and foundations, for my surveyor's consideration.

Before we can come to an agreement, I also need to know:
When you plan to start work;
How long the project will take;
The exact extent of access across my property you wish to ask for.

I understand that you will be responsible for paying my surveyor's costs, and making good any losses I suffer as a result of your building works.

I also understand that you will provide security to cover the restoration costs of my property, should your works halt before completion.

I would be grateful if you could forward the above details to me within seven days, in order to facilitate agreement between us being reached promptly.

Yours etc.




My rights:
1. Appoint a surveyor to resolve any dispute; Can any surveyor check the plans for me, or is there a specialist branch of the profession who advise on 'Party Wall' matters?
2. Require reasonably necessary measures to be taken to protect my property from foreseeable damage; As advised by my surveyor, I assume.
3. Not to suffer any unnecessary inconvenience;I wonder how "unnecessary" is defined here?
4. Be compensated for any loss or damage caused by relevant works;As posted above, this could be a long list.
5. Ask for security of expenses before significant work starts so as to guard against the risk of being left in difficulties if work stops at an inconvenient stage.Presumably the surveyor will suggest an adequate sum to be held in escrow?

*Robin*

Ok, that letter would have been a bad idea.

It's in the bin. So how to approach this problem with more, um, sensitivity - any ideas?