neighbour stopping extension

WeAreGhosts

moneyistooshorttomention wrote: »

It wouldn't be granted.

Access to Neighbouring Properties Act gives access to neighbours land to do "maintenance work" and "maintenance work" only. It isn't there to allow for neighbours doing "improvement work" on their property.

The Court wouldn't make any order for this - because its clearly not "necessary maintenance work".

A friend's neighbour got it when they started their build and then couldn't finish because they weren't allowed access (which they knew from the start), they applied to court and it was granted as the building was mostly finished so it was classed as "maintenance" to stop the existing building falling down.

moneyistooshorttomention

WeAreGhosts wrote: »

A friend's neighbour got it when they started their build and then couldn't finish because they weren't allowed access (which they knew from the start), they applied to court and it was granted as the building was mostly finished so it was classed as "maintenance" to stop the existing building falling down.

That's a very cynical playing the system that neighbour did there.

I would imagine they only got away with that because of a very slack Council and/or "not what you know but who you know" set-up.

Considering that many Councils are quite prepared to order that a whole recently-built house be demolished because planning permission wasn't obtained - then I doubt many would be able to play the system in that way.

Obviously, if there was an attempt to pull that stunt, there would be nothing to stop the neighbours accidentally spilling all sorts (nails, etc) on their land to prevent access/using hosepipe or pressure washer in their garden at that point/etc.

*********

I should say the state of play now is "game, set and match" to the neighbours - as OP has stated they would need permission to go on their land in order to do this and this permission doesn't look like it will be forthcoming.

What I don't quite understand is why OP was planning on this - after their comment that they cant afford to finish any extension anyway??? Even before we take into account there are usually unexpected extra costs to any work on a house.

oscarpops

We can afford the shell, we then plan on remortgaging for the rest of the money i.e for the kitchen and internal materials etc. So from the neighbours point of view we wont be on their land long. I dont think i would have minded as much if they hadnt have back tracked, at least that way we would have known where we stood. If they had concerns i.e about light or if we would be overlooking them (which we wont) then we could work through it, but they said if we give them money we could do what we want. Part of me is annoyed but part of me wants to just offer 1k to try and get them to agree ? As its not going anywhere as it stands anyway so if i take 1k from the build we would need to save to put it back? My husband doesnt want to give them anything though. Also would they snub the 1k?

Davesnave

oscarpops wrote: »

As its not going anywhere as it stands anyway....

How do you know that? Have the council made a decision?

The council determine planning applications on the basis of whether they meet planning law and guidance, not on whether it's possible to access a neighbour's property. They don't care about practical matters concerning the build.

If you get outline permission, you could modify it to suit the new situation.

I_have_spoken

A side extension built to the plot boundary may be rejected for PP due to concerns about 'terracing'

loveka

It is quite common to compensate neighbours financially if you have to go on their land in order to build, but drawn up formally as a contract between you. So you could offer them money to use their land if that would satisfy them, and get a solicitor to put it in writing.

You would need to find the going rate for this. The garden law forum is excellent for this type of thing. Google, it comes up in the top few

DTDfanBoy

moneyistooshorttomention wrote: »

That's a very cynical playing the system that neighbour did there.

I would imagine they only got away with that because of a very slack Council and/or "not what you know but who you know" set-up.

Considering that many Councils are quite prepared to order that a whole recently-built house be demolished because planning permission wasn't obtained - then I doubt many would be able to play the system in that way.

Obviously, if there was an attempt to pull that stunt, there would be nothing to stop the neighbours accidentally spilling all sorts (nails, etc) on their land to prevent access/using hosepipe or pressure washer in their garden at that point/etc.

You need to reread what WeAreGhosts wrote, their friends clearly had planning permission, and a court grated them access to their neighbours property to finish the works, any attempts to restrict access would be unwise under those circumstances

moneyistooshorttomention

No-one is ever going to even give any thought to accepting just £1,000 - so yep they probably would snub it and be upset at an insultingly low offer. Here today in the bank account and gone tomorrow. It really isn't much money at all these days. If someone gave me £1k as a freeby gift I'd just thank them, but it would be gone in a matter of weeks and nothing to show for an amount that small.

£5,000, on the other hand, its possible to do something with.

Mickygg

Marktheshark wrote: »

Record or tape them asking for cash not to object and they wont be around to object, they will be doing 5 years for blackmail.

Oh dear! I strongly suggest you do not do this.

Mojisola

DTDfanBoy wrote: »

You need to reread what WeAreGhosts wrote, their friends clearly had planning permission, and a court grated them access to their neighbours property to finish the works, any attempts to restrict access would be unwise under those circumstances

If the OP hasn't got the money to finish the extension, were will the money be found to go to court?