Potential breech of planning concern

LottieLou

I've previously posted regarding my neighbours extension, at the time my main concern was making sure I was safe with my work shift patterns round the disruption of the work. But that was just a personal worry of mine.

But things seem to have gone badly very quickly and I need your opinions.

The sole occupier of the to be extended property doesn't like us asking any questions (we now know) so aside from asking her when it is going to start we have left her to it.

The plans clearly say the extension is coming up to 0.5m from the 'common boundary'. This is as the side next to our house. Building work started, the fence (her fence) was removed and the paving stones down the side of our house removed.

We were never asked for access down this strip of land, but we're aware from online reading her footings will probably be coming up to ours. So this wasn't a surprise but I thought we would have a note the ought the door, should she have asked us in advance?

To our surprise the breeze blocks were placed directly on our boundary line. And subsequently the bricks have been placed in the centre of these bricks. This differing from the outlined approved plans. The builder (a relation) admitted it has been started too close to the boundary. But work has continued and has not been moved.

My main concerns are that this is completely different to the outlined plans? They have dug to our footings (as far as I know not below) right down the side of our house and not informed us that was the plan. And will this extension require a side gutter of so it will overhang our land.

We have tried to ask her about this (very nicely) and she told us we were trespassing my knocking on the door and she will call the police.
So asking her/talking to her is now out of the question. Her brother then came round and was so aggressive to me I was shaking and crying.

It's upsetting me so much, I feel naive to think you follow the plans granted from the council. I think she always had the plans to go up to boundary line I just don't know what to do next?

marksoton

Get building control out and express your concerns.

brodawel

This happened to me a long time ago. The neighbours had an extension to accommodate the husband who had suffered a stroke and was now disabled. We didn't question the planning and in fact felt very sorry for their situation. The new wall was right on the boundary and the roof overhung our side. Although a bit miffed we were young and didn't realise the significance until many years later when we tried to sell.

I would contact your council planning dept first thing tomorrow.

Grumpelstiltskin

Many years ago I came home from work to find the neighbour had removed the paving slabs from my path at the side of the house. There wasn't a fence as their property was built up to the boundary, they wanted to do some work that impinged on my property.


To cut a long story short they had to reinstate and couldn't do what they wanted. If only they had asked beforehand things might have been different.


Oh and they never spoke to me again.

jbainbridge

LottieLou wrote: »

My main concerns are that this is completely different to the outlined plans? They have dug to our footings (as far as I know not below) right down the side of our house and not informed us that was the plan. And will this extension require a side gutter of so it will overhang our land.

That would worry me a lot ... as has been said, contact building control and express your concerns.

G_M

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

warehouse

I had a similar issue in our last house. The extension came right up to the boundary and then they put on tiles that quite clearly overhung our side. I complained to building control or whetever it was called back then, and didn't budge in the slightest. They had to modify their roof and never spoke to me again the sad ba****ds.

LottieLou

warehouse wrote: »

I had a similar issue in our last house. The extension came right up to the boundary and then they put on tiles that quite clearly overhung our side. I complained to building control or whetever it was called back then, and didn't budge in the slightest. They had to modify their roof and never spoke to me again the sad ba****ds.

Did they have planning to build up to the boundary? I am glad they had to modify their roof!

Thank you all for your replies. I should have said I have contacted the council planning office, put my concerns in writing. We are going to chase it up tomorrow as apparently there is a backlog of 4 weeks. Is this the same as building control? (Sorry for the silly Q)

I am so concerned that by the time it gets to the top of the councils pile, the building would already be up! Then they won't be forced to change it and have got away with it. Has anyone got any experiences otherwise after a breech of planning?

I have also read and re-read the party wall act. Thinking that this doesn't apply to us then being convinced it does. We have never heard anything nor got any notice from our neighbour. Yet it feels like we should have! Surely it's not normal to be able to go down the side of someone's house and dig out without notice or asking?

Thanks to you all

LottieLou

brodawel wrote: »

This happened to me a long time ago. The neighbours had an extension to accommodate the husband who had suffered a stroke and was now disabled. We didn't question the planning and in fact felt very sorry for their situation. The new wall was right on the boundary and the roof overhung our side. Although a bit miffed we were young and didn't realise the significance until many years later when we tried to sell.

I would contact your council planning dept first thing tomorrow.

How lovely you were just to let them get on with it, nobody would want to be in their situation. But it does show you people are willing to walk all over you.

Grumpelstiltskin wrote: »

Many years ago I came home from work to find the neighbour had removed the paving slabs from my path at the side of the house. There wasn't a fence as their property was built up to the boundary, they wanted to do some work that impinged on my property.


To cut a long story short they had to reinstate and couldn't do what they wanted. If only they had asked beforehand things might have been different.


Oh and they never spoke to me again.

I'm glad they had to reinstate how rude! Again, to not even ask permission. I hope we never have to speak to her after this, and I find that difficult too as we have always been lucky and blessed with nice normal neighbours
X

melstar11

Contact Building Control as well. The whole thing sounds like a cowboy operation. Btw - trespass is a civil matter. You can be sued, but I doubt the police would be bothered.

AdrianC

LottieLou wrote: »

Thank you all for your replies. I should have said I have contacted the council planning office, put my concerns in writing. We are going to chase it up tomorrow as apparently there is a backlog of 4 weeks. Is this the same as building control? (Sorry for the silly Q)

I am so concerned that by the time it gets to the top of the councils pile, the building would already be up! Then they won't be forced to change it...

Oh, yes, they could very well be... And the cost will be on them. The problem is that the council's planning enforcement people are going to be stretched very thinly - so you need to speak to them and stress this is actually being built RIGHT NOW. That way, they can step on it early, and there's minimal work for everybody involved.

Building Control say whether what's being built is being built properly.
Planning say whether what's being built should be being built.

BC will come out semi-regularly and inspect what's being built, to make sure that one part of it has been done to spec before it gets covered and is never seen again. Planning will likely never ever see it.