Nuisance Neighbour - Home extension

Davesnave

phoenix_w wrote: »

Previous poster has given you good advice regarding decking. If you're in the clear, invite the planning enforcement officer 'round and let them see - be polite, co-operate let them know that after trying to bend over backwards to accommodate them your neighbour is becoming vexatious.

I agree with this.

You should try to strike up a good relationship with the enforcement officer, who, despite his/her title, may well turn out to be affable and understanding. They will have seen this sort of thing before and may be extra helpful it if they feel they're being used by a vindictive neighbour as a stick to beat you with.

I've seen all this before too in the case of a self-build within my family. The neighbour went to extraordinary lengths to make the build as difficult and expensive as possible. The only thing that worked was to blank him completely and insist that all communication was in writing through the proper channels.

umeedify

-taff wrote: »

Stop getting wound up by them would be a good start.
Forget about the fencing, that's done and dusted, yes you paid for it, no they didn't like it and decided to take it down.

You don't need planning permission for decking as long as it's not more than 30cm above the ground and also that along with extensions etc it covers no more than 50% of the garden. Does yours?

Thanks for the encouragement well needed. I will stop winding myself up until I know what the planning enforcement guy says.:A

The decking does not cover more than 50% of garden however the garden site is sloping down with various levels. So entering the garden from new extension I have 3 steps to decking then there is another level BBq area from decking its 2 steps then finally to the actual garden its another 2 steps.

My architect did not feel that there was much significant overlooking issues than what we anticipated taking the stepped level of site topography etc in to account. But this vexatious neighbour also reported the neighbour on the other side who built there extension 5 years ago and equally bullied them into submission.

paddy's_mum

umeedify wrote: »

But this vexatious neighbour also reported the neighbour on the other side who built there extension 5 years ago and equally bullied them into submission.

Then it's about time that you stopped being so nice and started being a rock against which they achieve nothing except stubbed toes.

They're idiots of the first water in any case since it appears that they haven't yet worked out that both sides of a neighbour dispute have to declare it!

Keep calm and carry on - good luck.

-taff

umeedify wrote: »

Thanks for the encouragement well needed. I will stop winding myself up until I know what the planning enforcement guy says.:A

The decking does not cover more than 50% of garden however the garden site is sloping down with various levels. So entering the garden from new extension I have 3 steps to decking then there is another level BBq area from decking its 2 steps then finally to the actual garden its another 2 steps.

My architect did not feel that there was much significant overlooking issues than what we anticipated taking the stepped level of site topography etc in to account. But this vexatious neighbour also reported the neighbour on the other side who built there extension 5 years ago and equally bullied them into submission.

Not just the decking, the extension as well should be factored into the 50% of the original garden size.

However, if the decking slopes downward rather than upward then you shouldn't have any overlooking areas more than what wuld have been there anyway so I personally wouldn't be worried about the planning officer so invite him round, buy some nice biscuits and see what he says.

LottieLou

You sound like lovely neighbours to have! Ours didn't even tell us they were doing an extension, a massive 2 story side and back extension. Since then they have started to turn into nightmare neighbours. Don't let this cause you too much stress, they have a bee in their bonnet leave them to it and just carry on bing nice and polite.

umeedify

Thank you all for your help, advice and above all encouragement. Planning officer is due around in 2 weeks will let you know what the result is.

thanks

blackshirtuk

umeedify wrote: »

Thank you all for your help, advice and above all encouragement. Planning officer is due around in 2 weeks will let you know what the result is.

thanks

I think someone said that the regs are 30cm above ground level. So could you raise the surrounding ground level in order to comply?

umeedify

blackshirtuk wrote: »

I think someone said that the regs are 30cm above ground level. So could you raise the surrounding ground level in order to comply?

Awaiting date confirmation from planning enforcement - hopefully next week.

What constitutes ground level? The garden level is about 2 metres below house level. The house level is more or less at street level.

maybe i'll post a pic of the rear of the house...is that allowed?

My architect sent me the following extract of his communication with the planning enforcement as I was abroad at the time when the complaint was made. I dont really understand it

Thank you for taking the time to discuss matters concerning the above property. I would restate the issues raised.

- A complaint has been received regarding overlooking of neighbouring properties from the rear terrace.

- The Local Planning Authority have a duty to investigate such complaints where it considers that there may be a breach of planning control. If a breach of planning control has been identified it does necessarily follow that there would be enforcement action.

- In this case it has been identified that there are discrepancies between the approved planning drawings and the building regulations drawings. These discrepancies may be material in the context of the relationship between adjoining properties and need to be verified on site.

- The building regulations drawings show a terrace almost 1 metre deeper than on the approved drawings. They also show an extra step from the terrace to the garden. There are discrepancies between the height of the garden fence and the terrace on the drawings: Planning: Appx 1.5m; B regs Appx 1.8m and site measurement 1.1m

I would need to carry out an inspection of the works to xxxxxx to determine the measurements as built. I would be grateful if you could facilitate a site visit within the next few days and avert more formal arrangements. Should your clients not be willing to comply I would advise that the Council has powers of entry to residential properties subject to 24 hours notice. If an owner on whom such a notice has been served fails to facilitate and allow entry the Local Planning Authority can pursue prosecution in a magistrates court.

stator

Planning regulations apply to the natural ground level, raising or lowering the ground artificially will have no effect.
If you have a terraced garden and your neighbours is lower than yours the usually assume the natural ground level is halfway between the two.

The council are coming to check your works, seems pretty simple.

umeedify

Planning Enforcement Manager coming round Thursday.....wish me luck..guess I am stressing ....