neighbours extension, approved in 1986, built in 2013! help pls

traceye

Hi,
Am hoping someone may be able to help me.
My friend bought her bungalow a few years ago, the seller said there was no planning applications going through, and the solicitor didnt bring up any searches of nsighbours planning.
They went ona long holiday and when they came back their neighbour had built a massive brick wall that is very intrusive into their back garden and kitchen which blocks a lot of light.
They knew nothing of this extension and contacted the planning department.
They said the extension was approved in 1986, and foundations had been put in.
They then did no building until 2013. The footings could not be seen from their property.
Its probably now de valued their bungalow quite a lot.
Any one any ideas what she can do? Surely her solicitor or the seller should have notified them.?

de_g.

Not really. Once you've stuck a spade in the ground, (i.e. in this case built the foundations) the planning permission is implemented and can be completed at any point in future. There are some special circumstances where this might not apply, but in general your friend has just been unlucky.

moneyistooshorttomention

That's one heck of a long time for the neighbours to be planning on having an extension but not getting on with it:eek:

Unfortunately, I'd agree with the above poster though. I've also heard that someone can keep planning permission "active" by just having made some sort of start on the building concerned (eg the foundations).

Sorry to hear this has happened to her.

Guess the only thing to do now is find out what those "special circumstances" are that would cancel out the neighbours planning permission and I would think it worth investigating further because its been such a huge time gap between planning and doing.

mummyroysof3

I was told it would have to be completed in 3 years when I rang my council

moneyistooshorttomention

Then that is a thought worth investigating - 3 years sounds a lot more reasonable.

Am now wondering about whether the Local Government Ombudsman could challenge this Council...."maladministration" might be the word I am searching for here....:think:

chickaroonee

mummyroysof3 wrote: »

I was told it would have to be completed in 3 years when I rang my council

it's 3 years to get the footings in, then the permission is for life I believe

seven-day-weekend

mummyroysof3 wrote: »

I was told it would have to be completed in 3 years when I rang my council

No....it's three years to 'implement' it, i.e. start it. They did this when they put the footings in and can complete it whenever they like.

mummyroysof3

To be fair I did ask just about starting it and it never occurred to me to ask about finishing as once started we wanted it finished ASAP.

dbuk44

Hello

1- Is the build seriously overshadowing light on a window that has existed for 20 years? Get a specialist who can advise on 'Right to Light'. Your friends' rights to light apply regardless of planning permission being obtained http://www.planning-applications.co.uk/righttolight.htm

2- Check what your friend paid her solicitor to do. Most conveyancers principally do a local authority search, an environmental search and a drainage and water search. They didn't necessarily do a local planning search. If they did, was she advised.

3- Get a copy of the plans from the council planning department. Is the thing built to spec? Land boundaries clear and correct?

4- Intrusive into back garden sounds 'close'. Have they complied with the party wall act? https://www.gov.uk/party-wall-etc-act-1996-guidance

Finally. To pusue satisfaction on any of this is going to cost £££. Your friend might be better off investing her time talking to the neighbour about ways of making it feel less intrusive. Colour? Hedges?

moneyistooshorttomention

Certainly worth thinking about the ways to make this wall "less intrusive" if it turns out that there is no way to get it removed.

Perhaps paint it white and put trellis up it and grow some suitable plants up it. Of course the neighbour concerned might complain about this - but I think they would be on "thin ice" there with the way they delayed so long in completing the work that any buyer of this house would have been lulled into a false sense of security and thought "What you see is what you get" when they bought the place. To not even mention that this work was going to be done and have it done whilst your friend was on holiday may not have been coincidence. It just seems so odd to be planning it for all that time, but not getting on with it.

traceye

dbuk44 wrote: »

Finally. To pusue satisfaction on any of this is going to cost £££. QUOTE]

Thanks so much for all your helpful replies, I will send this information to her. In respect to the cost, I suggested she ring up her home legal expenses cover, who said they may be able to deal with it for her, if they think they have a good chance of winning.

In order to put the claim through they are asking what damages she is seeking, so I presume this is de-valuation of the house, and who they want to sue (Im presuming the solicitor who did her house sale, or the seller for non disclosure?)

Fingers crossed as I feel soooo sorry for her.