Neighbours two storey side extension - planning permission?

murmeltier

Not sure what to do here:

Late last night a builder knocked on our door, telling us that our neighbours are about to extend their single storey side extension to make it a two storey side extension. The only reason he knocked seemed to be that he needs access to our property to erect the scaffolding (starting next week!) which due to the proximity of the extension to our boundary (<2m) will need to stand on our land.


We didn't consent to anything and asked for the neighbours to talk to us directly. We're not on best terms, but we get along, so a bit surprised that they wouldn't come around themselves to talk to us. We're not aware of any planning application.


Where do we stand? Does this sort of side extension require planning permission or would this be considered permitted development (we haven't seen any plans so unable to comment on scale/size)?


What would you do?


We obviously don't want to unreasonably stand in their way, but we're unhappy about their approach, and if planning permission is required, we would like to see the proper rules to be followed.

eddddy

Here's a link about permitted development for house extensions (i.e. extensions you can do without planning consent): http://www.planningportal.gov.uk/permission/commonprojects/extensions/


From what you say, it sounds like the neighbour's extension might not be a permitted development...

An extension or addition to your house is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:
...
- Maximum eaves height of an extension within two metres of the boundary of three metres.
...

murmeltier

Thanks, I've seen that link and agree this sounds like it might not be permitted.


So what would you do? Talk to the neighbours and insist they get planning permission? (Wouldn't be surprised if their builder told them this wasn't required)


Phone the council?


Either way not looking too good for neighbourly relations :-(

DTDfanBoy

You should be able to search for planning applications online via your council, that said if they did apply for planning permission you should have already been contacted by the council

murmeltier

Fairly certain they didn't put in an application - we've searched the council's website.


Last application for their property is from 2002.

Sedge123

Knock on the door and just say you can't see the application on the council website.

emmatthews

The Council should have written to you as a neighbouring property. I would phone the Council and ask why they didn't write to you, they will then be able to confirm if planning permission has been granted.

dodger1

Are home owners legally obliged to let builders/scaffolders onto their property under these circumstances?

moneyistooshorttomention

murmeltier wrote: »

Thanks, I've seen that link and agree this sounds like it might not be permitted.


So what would you do? Talk to the neighbours and insist they get planning permission? (Wouldn't be surprised if their builder told them this wasn't required)


Phone the council?


Either way not looking too good for neighbourly relations :-(

Both - ie phone the Council and tell the neighbours planning permission was necessary.

Definitely they weren't doing "neighbourly relations" any favours - someone ringing at your doorbell late at night that's nothing to do with you and their assumption you would give permission for that scaffolding (and with only a few days notice at that).

Looks like they are trying to steam-roller you into thinking this is legit. - when it looks like anything but...

EDIT; Voice of experience time re the railroading. In my last house - ie a Victorian terrace house the next door neighbours rang on my doorbell and "asked permission" to do something to MY extension wall only about 30 minutes before they were about to start doing it and had everything there ready to commence work. I was so taken by surprise that I did get railroaded into "agreement" (exactly as they had intended to happen). I then found out subsequently that they had no right to do the work.....

tberry6686

dodger1 wrote: »

Are home owners legally obliged to let builders/scaffolders onto their property under these circumstances?

In short - No. They can be forced to allow it for repairs and maintenance but not for building an extension.

moneyistooshorttomention

dodger1 wrote: »

Are home owners legally obliged to let builders/scaffolders onto their property under these circumstances?

No - in a word.

People only have to allow access to their property for "necessary maintenance". An extension is hardly "necessary maintenance".

OP doesn't have to agree and cant be forced to agree - hence why it appears the neighbours are trying to railroad them into thinking they DO have to ...

EDIT; cross-posted with above post - so there ya' go. That's two of us saying it...