My neighbour's are going to build a 4.8 metre extension under the new laws!!

angie12345

Davesnave wrote: »

You got good advice on PWA at the end of December, which you acted on yesterday and acknowledged today.

That's the reason for the criticism, and some speculation regarding whether this was a real situation.

However, better late than never.

That was hardly 'weeks' ago was it and I did immediately read the pwa I think your comment was unfair. The planning officer has recommended legal representation which I am now doing and will get an agreement drawn up ASAP. Thanks for the attitude.

angie12345

BornAtTheRightTime wrote: »

In support of mums everywhere, I have corrected that for you.

I said I am A mum.....not representing all mums!!!! Stop trolling !!!

VictorMeldew

I think people are being a bit harsh to be honest. It's easy to see what to do when you're on the outside, but to be suddenly plunged into the depths and complexities of planning regulations, and building law when most people have got, and have no reason to have any prior knowledge is another thing. On top of that, it takes a while to realise that some people are scum and will do things that most decent people wouldn't dream of to get a building where they want it.

It sounds like the OP has realised this now. OP - don't be tempted to not go down the Party Wall Act route if your neighbour suddenly starts to seem reasonable, they probably understand things better than you and know how to play the game.

SallyG

Shocking.
For fear my builder neighbour will be out there extending first thing tomorrow......
Angie wrote:
"I did write to the planning dept raising my concerns but this obviously didn't constitute an objection"
did the letter they wrote to you telling you about the extension spell out how you could object?
then reading this
http://www.planningportal.gov.uk/uploads/neighbour_consultation_scheme_guidance_may13.pdf
4. If any adjoining neighbour raises an
objection within the 21-day period, the
local authority will take this into account and make a decision about
whether the impact on the amenity of
all adjoining properties is acceptable.
No other issues will be considered.
5.
The development can go ahead if the
local authority notifies the developer
in writing either:
a.that as no objections were received from adjoining neighbours it
has not been necessary to consider the impact on amenity, or
b.that following consideration, it
has decided that the effect on the
amenity of adjoining properties is acceptable."
The planners came out to look .... so they decided it was no detriment to your "amenity" ? - so what's "amenity"?

PS Does someone given the go-ahead to build an extension under this temporary madness have to comply with building regs re drains etc ?

PPS If the Party Wall Act applies to an extension will the local authority planner tell each owner affected that it applies?

Lord_Baltimore

angie12345 wrote: »

They dug out the footings yesterday and I woke up this morning to my fence and concrete posts and part of my patio collapsed. My first conversation with them was about how they thought this was due to the wind!!! Unbelievable. Moral of this story....not everyone is nice and will give you consideration so be ready and know your rights!

I hope you're copiously watering those footings overnight with your hose pipe. In your second conversation with them say you think the sodden ground/bricks/cement is due to the rain.:D

angie12345

It sounds like the OP has realised this now. OP - don't be tempted to not go down the Party Wall Act route if your neighbour suddenly starts to seem reasonable, they probably understand things better than you and know how to play the game...quote from victormeldrew.

You have been the most understanding person...thank you.

I have tonight agreed for their architect to come around in the morning and go through their plans. They've been on the door step again apologising and I have explained mine and their rights under the act including the fact I could now get an injunction to stop works. They are a young couple and say they didn't know the law...but yes I am very wary still. Thanks victormeldrew

Lord_Baltimore

angie12345 wrote: »

You have been the most understanding person...Thanks victormeldrew

I don't believe it

VictorMeldew

Sallyg- it's much scarier than you think...

I'm not sure about the new slacker regulations, but under the old (stricter) regulations someone could build an extension which for example goes through their neighbour's fence onto their land. They can then apply for retrospective planning permission and will get this granted unless the building is an eyesore and doesn't fit in with the rest of the neighbourhood.

The fact that the building trespasses is nothing to do with whether the planning permission will be granted or not. The person building simply signs a document which states that the land on which they are building is theirs, and beyond this, the planning department don't care/say it's beyond their remit etc.

Unless the unlucky neighbour happens to be pretty savvy when it comes to the legalities concerning building laws etc and knows to get the party wall act in place asap, then once the building is up, even if they can prove that the building is on their land (which is an extremely lengthy, difficult and expensive process) it won't be removed anyway and the offending neighbour will be ordered to pay a tacit compensation plus a percentage of court costs which of course is nigh on impossible to get off them.

Actually the above scenario might be a bit unfair and is based on the experiences from one local authority in particular. Other planning officers may warn neighbours if it appears that a new building would encroach on their land, but would still be powerless to stop the build based solely on this.

Angie - I would recommend getting the Party Wall Act anyway even if your neighbours are now appearing to be reasonable. I know that this appears to be an aggressive and un-neighbourly thing to do, but it will be a much safer way of doing things. If your neighbour reacts badly to this, it is only because they were planning something that they know the PWA wouldn't allow.

I think that your neighbour has to foot the bill for getting the PWA in place, but even if you have to pay for part of it yourself it would be money well spent and would be peanuts compared to how much it would cost to sort out after the building has gone up.

angie12345

SallyG wrote: »

PS Does someone given the go-ahead to build an extension under this temporary madness have to comply with building regs re drains etc ?

PPS If the Party Wall Act applies to an extension will the local authority planner tell each owner affected that it applies?

The extension covers a manhole...building regs came out this morning I'm told and passed the first phrase.
The unadjoined neighbour on the other side's property is less than 3 metres from their extension As it is full width, so yes they should also be asking for a pwa. They are elderly, maybe I should go and tell them.
Hope to have my pwa in place by tomorrow.

angie12345

Yes Victormeldrew ! I have absolutely insisted on having the pwa in place. Thanks