Worried about neighbours planning application

iwanna

We just got notification that a neighbour has submitted planning application to build a mad looking 1 bedroom house which is partly 1 story with a sedum (grass/living roof) - all of which they plan to build along the rear wall of my property (party wall between my building and their current back garden).

Firstly they've not consulted with us, I thought they ought to have under 'The Part Wall Act' , but perhaps they submit the planning application before consultation?

What concerns me more though is the proposed sedum roof on top of the 1 story section - I've only ever seen these on stand alone detached buildings, and never up against a neighbouring property's wall. I am concerned about potential lack of drainage and water layers etc being right up against our rear wall, I fear it's a damp disaster waiting to happen!

Also they propose this new building will be a semi basement - is this risky as surely their foundations will need to go deeper than my property, right? Could this be potentially problematic for my own property?

Would you be concerned too or am I worrying needlessly?

m33r4

Sounds like a Grand Design featured property.

iwanna

m33r4 wrote: »

Sounds like a Grand Design featured property.

Absolutely, or maybe a school kid on work experience at architects office!

ryder72

Rather than ask a bunch of people who only have your view of the application and no access to plans, why not speak with your neighbour?

If its a party wall, you have rights and my understanding is that he cannot commence building without having a party wall agreement in place. He will have to pay for your advice and solicitors for this agreement.

Before this stage, have a frank chat with your neighbour, express your concerns and let them explain their position. It may not be as bad as you think it is. And even if it is an ambitious plan they may have take perfectly credible measures to mitigate risks.

Just because its a Grand Design that you don't like the look of doesnt automatically make it a stupid idea.

I_have_spoken

>party wall between my building and their current back garden<

It's not a party well then, it's a boundary wall.

You should look at your Council's web site to see on what grounds they will accept planning objections or pop around and speak to the planning officer.

A design which is out of keeping with neighbouring properties may get knocked back, but a 'green roof' ticks boxes - most planning officers are eco-warriors.

maninthestreet

How do you get a lawnmower up on to the roof to cut the grass ??

cyclonebri1

I_have_spoken wrote: »

>party wall between my building and their current back garden<

It's not a party well then, it's a boundary wall.

You should look at your Council's web site to see on what grounds they will accept planning objections or pop around and speak to the planning officer.

A design which is out of keeping with neighbouring properties may get knocked back, but a 'green roof' ticks boxes - most planning officers are eco-warriors.

Boundary walls still come under the new party wall act, as I found last year, I had to rebuild the retaining wall that runs the length of the boundary between mine and next doors.


Also, it isn't legally necessary to use a solicitor to notify of work under the party wall act, it can be done by common consent between the 2 of you, but that may be unlikely in this case.

As said, talk to him/them, raise your concerns then ask how he can reassure you.
If it falls down there, you can always abject to the consent.

Hintza

OP I very much doubt they would be able to abut your property, I would expect them to need 2-3m gap as has been said speak to planning.

iwanna

Thank you all for input, much appreciated.
I agree that ordinarily the best thing to do is have a good discussion with the neighbour but i fear they won't be too receptive to that since i'm sure they presume we're the reason their previous planning application was refused.

But great suggestion to speak to the planning officer, i presumed they were only for the applicants to liaise with, but fab if they'll speak to those potentially affected by a planned development also.

Also sorry for any confusion over party v boundary wall - it was just how it was referred to in the submitted plans.

ryder72

OP - Suggest you speak to the applicant directly. If they feel you were the cause of the previous application failing, clarify this.

You will get a lot more done by have a frank discussion with them rather than going on the war path. Rallying your neighbours won't necessarily help your cause either unless your neighbours are building the eden project behind your house. Instead tell them what your concerns are, get their side of the story and if unconvinced, speak to the planning officer or lodge an objection.

TonyMMM

iwanna wrote: »

i fear they won't be too receptive to that since i'm sure they presume we're the reason their previous planning application was refused.

Planning applications, and any letters of objection received, are matters of public record (most councils now publish them on their websites) and as such they will already know exactly what your objections to the previous application were and whether they had any impact in the refusal decision.

Many applications get approved in the end, so it may pay to talk to them now and get them to understand your concerns.