Planning

dreyfuss

I hope this is the right place to post this and that someone has experience and knowledge about this.

Our neighbour has submitted plans for a large two-storey extension to the side and rear of their house. However, the plans they submitted showed that they had substantially larger plot than they do, so if those plans were approved then the building would be essentially closer to our boundary (and more overbearing).

We highlighted this to the planning officer, provided land registry documents showing the actual border and it went to panel were he recommended approval and stated that 'the plans were in no way misleading or contained misleading information'. He also stated that it wouldn't be overbearing as at the closest point it would be 4m and farthest 8m away from our dwelling - which it won't as the borders are wrong!

I have a feeling this will be approved but I would have thought that the planners would need accurate information to approve? Also how, if work starts will they 'check' it's within the application when it' s all wrong!

Sorry for long story, getting all stressed - thought at the very least they'd have to re-submit accurate plans?

Thanks for listening.

teneighty

So what is the actual distance between the extension and your house at its closest point?

It would appear that the planning officer has checked it and agrees with the applicant.

Land_Registry

It is a tricky area and in part this is because the planning process is not directly linked to the registration process and does not, in my experience, take into too much account the registered titles involved.

My understanding is that the planning authority do not overly concern themselves with whether the applicant owns the land to be built on and/or whether there are any registered details which might affect.

Yes, the planning process asks the applicant to confirm they own the land in most cases and yes they will sometimes use the registered title plan to show the location although they will often have an architects plan with more detail.

That is though base don limited experience of the process as the two are not directly linked as stated - other posters will have far more knowledge of the planning process so should be able to confirm or advise further

If the above is correct and planning is approved then the next step is understanding how to protect your own property from trespass, if that is indeed what happens next. Legal advice should therefore be obtained as it may be worth putting something formally to the neighbour to alert them to your view at this stage and before they look to build or perhaps sell with outline planning permission?

Getting planning permission does not allow you to build on someone else's land even if you have included that land as part of the process - the process will see that as the applicant's responsibility to get it right and for the neighbouring owner to protect their land if encroached upon.

Doozergirl

Planning does have rules covering distances to boundaries in some instances, generally permitted development. If you come within a certain distance of a boundary, you require full planning. As they're already applying for planning, boundaries become less important.

For full planning, they assess in relation to nearby dwellings and the impact on those. A dwelling is your house, not your boundary.

Presumably, the boundary is actually visible on the ground for when the planning officer has visited?

They do have some rules about windows facing walls which might form boundaries, but if you are side by aide neighbours, it's unlikely to be relevant.

bgm_co

How far out on plan are the dimensions?

As Doozergirl has said the planner would of carried out a site visit and assessed the proposal.

What are you actual concerns? Does the proposal have a detrimental effect on your property, and if so can you back this with policy?

If its just the fact you don't like their extension and your objection has no reasonable concern to it, then your objection won't be of much concern to the case officer.

dreyfuss

Thanks for the replies

The main issue we had were that if the borders were incorrect then the extension would be more of an overbearing presence to our house and garden. Which if the plans were correct it wouldn't, however they are judging the distance by his (incorrect) drawings.
It's interesting that someone has mentioned that he may have applied to build on land that is according to the registry ours? I believe that then becomes a civil case.

Our other concerns is how the build is then 'supervised' from a planning compliance point of view as the initial plans weren't correct how would they check he's kept to his plans.

Doozergirl

Aside from elevations and floor plans, there should be a block plan at 1:1250 showing the existing neighborhood layout and site plan at a much lower ratio that shows where the new building is in relation to your house. They are scale drawings so the important measure is where the building is actually situated, not where ownership boundaries are.

While the 'boundaries' might be marked incorrectly, the position of the houses should still be the same on those plans.

You don't measure distances from boundaries, but from houses.

Gloomendoom

dreyfuss wrote: »

Thanks for the replies

The main issue we had were that if the borders were incorrect then the extension would be more of an overbearing presence to our house and garden. Which if the plans were correct it wouldn't, however they are judging the distance by his (incorrect) drawings.
It's interesting that someone has mentioned that he may have applied to build on land that is according to the registry ours? I believe that then becomes a civil case.

Surely it would only be a civil case if he actually built on the land without permission?

My neighbours did the same thing and included land that belonged to me in a planning application. I informed the council planning department of the error and they couldn't have cared less. To add insult to injury, when they granted the planning application it was on condition that the entrance to the site was a specific width. That meant that it to encroach on to land that they knew belonged to me.

Luckily, my neighbour and I came to an amicable agreement.

Gloomendoom

Doozergirl wrote: »

Aside from elevations and floor plans, there should be a block plan at 1:1250 showing the existing neighborhood layout and site plan at a much lower ratio that shows where the new building is in relation to your house. They are scale drawings so the important measure is where the building is actually situated, not where ownership boundaries are.

While the 'boundaries' might be marked incorrectly, the position of the houses should still be the same on those plans.

You don't measure distances from boundaries, but from houses.

I surveyed my own garden that has well defined and obvious boundaries (stone walls)and it was surprising how inaccurate the land registry plan and those available from OS resellers was. It wasn't just the garden but the house as well.

jackyann

I can't comment on some of the issues above, but if you feel this is too much of a problem, I wonder whether you could approach your local councillor? Whichever council oversees planning in your area.
This issue could, if need be, go before the planning committee.

dreyfuss

The planner has specifically used the word boundary in the document to the panel, saying that at the furthest point is 8m away from boundary and at closest is 4m, based on plans. Not the case (the neighbour has marked out the building on the ground days ago it's far closer than 4m).

I believe overbearing aspect to be a material consideration, so that was our concern with the overbearing aspect.

It has been approved now anyway.