Neighbours two storey side extension - planning permission?

Ulfar

I wouldn't mess about, there is no need to be rude about it. I would ask them what is happening and did they get planning permission as you don't seem to have been consulted or notified. The implications of this extension could be much more than just permission to put up scaffolding.

The OP needs to tackle them about this now, as it sounds like the build is ready to commence. As a default permission I would not be granting any access rights until they are clear on what is proposed, I would make sure the building/scaffolding firm are aware they do not have permission. If at all possible the OP needs to be at home to enforce this otherwise they could come home to the scaffolding already in place.

If the neighbour is doing this without following planning rules, what other rules are they going to flout. Will drains be protected, will the OP be overlooked, etc. Converting a single story extension into a double one isn't just a case of building on top, the footings need to be of the correct depth.

The more I think about it the more I think you need to get council advice ASAP. No planning permission means no building control involvement which is a recipe for disaster.

moneyistooshorttomention

I am rather inclined to this viewpoint.

Certainly - unfortunately - it does look like OP needs a bit of emergency annual leave from their job - as otherwise there is a high chance they'll come home from work to find the scaffolding has been put in place in their garden (and without much in the way of due care and attention).

murmeltier

Our neighbour came around this afternoon and talked to my wife. We didn't raise the issue of planning permission, but they were reluctant to tell us exactly what works they were about to start, and they couldn't really give a straight answer as to why the builder would have to knock on our door late at night.
We were quite clear that we would not grant access for building works or scaffolding, mainly because we don't trust any builders not employed by us and because last time we had granted contractors of that neighbour access to our land we ended up with an "accidently" chopped down tree which they were unwilling to rectify or even apologise for at that time.


Separately we have spoken to the council, and they are of the opinion that since they were granted planning permission for a two storey extension in 2002 (but only built one storey), that their works would probably be covered by that permission as long as they are going to adhere to the original plans / conditions. They didn't look into any specifics, so not sure this could apply here. Unfortunately the original application/plans are not available online, only the decision notice.


We'll have to see what they're going to do next - hopefully the builder can find a way of getting the works done without access to our property which would probably be the best outcome for everyone.

moneyistooshorttomention

Then it sounds as if the best bet now is to give a written letter to this neighbour specifying quite clearly that there will be no access granted whatsoever to your garden - and make sure he knows you've kept a copy of that letter.

If you just tell him verbally that access is denied - then he and his builder can just play "pass the parcel" between them and blame each other for the builder coming in anyway.

...and give a copy of that letter to the builder.

bouicca21

You can still see the plans at the planning office. I think I'd be wanting to be sure the extension really is going to be just as described in the plans (though puzzled - I thought permission expired after 3 years?) and making sure the extension complied with building regs. Can you ask them to show you their plans so that you can compare with what the council have on file?

It all sounds a bit dodgy.

Ulfar

They were given two storey planning permission but only built a one storey extension. I would lay money on the fact the footings aren't substantial enough as they obviously only went one storey to save money.

I wouldn't give access, especially if you have had problems before. I would also be back onto the council, planning permission does not last this long.

It sounds like you have been fobbed off by the council. To stop this in future, when you next speak to them ask for their full name and a letter confirming what you are told on the phone. Follow the phone call up with a recorded delivery letter including a stamped address envelope for them to reply. Officials hate this as it shows you are not going away and they are obliged to reply.

Apart from the issue of planning permission I would ask building control if they have been consulted as you are concerned about building regs. being followed.

DTDfanBoy

bouicca21 wrote: »

though puzzled - I thought permission expired after 3 years?

The work only needs to be started within the three years, providing it has been started the permission remains valid indefinitely

slopemaster

bouicca21 wrote: »

puzzled - I thought permission expired after 3 years?.

expires after 3 years if work not started

slopemaster

and, although the planning permission would be valid indefinitely, the new work would surely have to comply with current building regs, not 2002 regs - which might mean that they couldn't build to the original plans...

DTDfanBoy

Ulfar wrote: »

They were given two storey planning permission but only built a one storey extension. I would lay money on the fact the footings aren't substantial enough as they obviously only went one storey to save money.

I'd go the other way and say that as permission was granted for a two story extension building control wouldn't have signed off the footings unless they were adequate for two storeys.