Should we have to pay

jennhg88

Airer. Argos. Sorted.

Comms69

Lostbook wrote: »

Hello to all
Please could you help me
My “neighbours “out of the blue have hit us with a planning application to build an extension just 3 metres from our sitting room so we will be left looking at a gable end.
This has caused considerable anxiety to my wife (recovering from cancer treatments) and myself - A planning application has done that? Do you not think that your neighbours just want to enjoy their property and aren't that bothered about you?

My main question is why should I have to pay for the financial impact e.g.
1) resitting of our satellite dish - That's life. (also most providers will do this for free)
2) A’s our washing line runs alongside expected building works it would be unusable and as we don’t have a tumble dryer we would need to go to the laundrette for several months - No you don't.
3) our pond also runs alongside this work and as it contains fish would need to be covered - so cover it

All enquiries to this neighbour has resulted in an uninterested shrug of the shoulders - yes, because these are your problems.

Thank you in advance for any help

I would also value advice on whether we can prevent access

You can stop anyone you like entering your land.

Sibz

I'm trying to picture the layout, I'm assuming you have checked the deeds and what areas are yours, what areas are your neighbours and what areas are right of way etc.

Exodi

Lostbook wrote: »

Hello to all
Please could you help me
My “neighbours “out of the blue have hit us with a planning application to build an extension just 3 metres from our sitting room so we will be left looking at a gable end.
This has caused considerable anxiety to my wife (recovering from cancer treatments) and myself

My main question is why should I have to pay for the financial impact e.g.
1) resitting of our satellite dish
2) A’s our washing line runs alongside expected building works it would be unusable and as we don’t have a tumble dryer we would need to go to the laundrette for several months
3) our pond also runs alongside this work and as it contains fish would need to be covered

All enquiries to this neighbour has resulted in an uninterested shrug of the shoulders

Thank you in advance for any help

I would also value advice on whether we can prevent access

Eurgh, I'm moving out of one property partly because of neighbours like you (an example, I currently have a joint driveway with the neighbour, very generously sized. If I park my wheel over the painted line (which has no real effect on the neighbour as you could effectively park two articulated lorries on this drive and they own a motorbike...), I can be sure I'll get a knock on the door asking me to move my car - annoying considering I get back when it's dark and it's probably once a month).

Agree with the NIMBY remark, I can see why your neighbour didn't really pay you much attention. I can only imagine the reactions when your neighbour gets home to his wife "so put in the planning application and spoke to the neighbour" "oh good, I'm so excited, finally a nursery for our baby on the way, it's just how we dreamt it!" "well, there's a problem, the neighbour is intending to object to the planning because he would need to move his washing line" "right, can't he put clothes on airers, that's what we do?" "no, he's said the only option is to take all of his clothes to a launderette, plus, it gets worse. He has a pond with fish in it, so that would need to be covered up." "err, well if it's that big an issue, can't we just put a cover on it" "wish it was that easy, he's also planning to refuse us access on the land."

You mention your wife is recovering from cancer and is suffering from 'considerable anxiety' over (a plan to make) the bricks in your neighbours garden appearing slightly larger when viewed from your window (firstly, ridiculous, secondly, why did you mention she was recovering from cancer treatment, is this relevant?). I would love a shoe on the other foot scenario where you decide to extend the downstairs so you can take better care of your wife or so she doesn't need to use the stairs, only to have your neighbours object because the light reflecting off the red bricks of your proposed extension would make their white roses have a slight reddish tinge and they think this is utterly unacceptable to have to suffer through no fault of their own, or equally ridiculous reasons similar to yours.

If you do intend to raise all hell with the planning permission, expect your experience with your neighbour to be poor until you/they eventually move.

AnotherJoe

teneighty wrote: »

Well I can put your mind at rest on that point. The Party Wall Act does not automatically confer the right to erect scaffolding on neighbours land.

If the work does indeed fall under the Party Wall Act your neighbour should serve notice on you giving you the option to appoint your own party wall surveyor to represent your interests, at the neighbours cost. That could include denying access for scaffolding or if it is essential then financial compensation for the temporary loss of use of your garden.

If the build is close to the boundary it would also be reasonable to insist on relevant protection to your property such as a temporary cover to the fish pond.

.

My brief reading seemed to indicate there is no right to erect scaffolding when it is needed for a new build / extension, that right is only for repairs. Hopefully for OPs sake that's correct and they can kill this off.
Legal advice needed for sure. Hopefully available on home policy

teneighty

AnotherJoe wrote: »

My brief reading seemed to indicate there is no right to erect scaffolding when it is needed for a new build / extension, that right is only for repairs. Hopefully for OPs sake that's correct and they can kill this off.
Legal advice needed for sure. Hopefully available on home policy

It is complicated. Generally there is no right to erect scaffolding but if the work is being done under The Party Wall Act there can be certain circumstances where the scaffolding is absolutely essential to complete the work then it can be imposed with compensation if necessary. Erecting scaffold to build a wall for example would no be deemed to be "essential" as you could lay the bricks overhand.

In reality a compromise is usually reached as the neighbour could end up looking at a very ugly slap dash wall if they do not allow access to build it properly.

Davesnave

AnotherJoe wrote: »

My brief reading seemed to indicate there is no right to erect scaffolding when it is needed for a new build / extension, that right is only for repairs.

This is correct: been there.

Of course, if access is denied, then the work might not look great, which is what happened in the situation I was involved with. The neighbour soon realised it was only him looking at the messy (but sound) wall that was definitely devaluing his property.

It took 4 years, but he eventually asked that the wall be finished tidily and provided access for the scaffolding.

teneighty

Exodi wrote: »

Eurgh, I'm moving out of one property partly because of neighbours like you (an example, I currently have a joint driveway with the neighbour, very generously sized. If I park my wheel over the painted line (which has no real effect on the neighbour as you could effectively park two articulated lorries on this drive and they own a motorbike...), I can be sure I'll get a knock on the door asking me to move my car - annoying considering I get back when it's dark and it's probably once a month).

So the fact they have a large drive and only own a motorbike justifies you encroaching on their property? I bet your neighbours are equally delighted with the move.

Davesnave

teneighty wrote: »

In reality a compromise is usually reached as the neighbour could end up looking at a very ugly slap dash wall if they do not allow access to build it properly.

See my comment, typed as you posted. Bricks were laid overhand....badly!

The neighbour was convinced it was a get rich quick job, not a family home, so that 'justified' their appalling behaviour, which included things like playing music with obscene lyrics while people worked.

It's still a family home ten years on.

Sibz

It's nice to see the prejudice with which some people have replied to this thread - clearly this is a sore spot for some.

Without a diagram or pictures it's difficult to see what exactly is going on and the potential consequences of it. Who knows the history between the neighbours or what each of them are like personally.