new neighbours planning side return extension

wallofbeans

Hi All,
I've just found out the new owners of the house next door (currently empty and has been for quite a while) are planning a side return extension. We are in a terrace and I'm concerned about how this will affect me. Any advice?

DOH_a

Affect you how... potential loss of outlook, privacy, daylight? Noise? Disruption? Party Wall Act?

If the extension required formal Planning, the Local Planning Authority should have notified you. If the extension is going for the Permitted Development route (without the Neighbour Consultation Scheme), then there isn’t anything you can do from a Planning view.

If you’re concerned about the noise/disruption, then that would be something you’d need
to speak to them direct about.

If you’re concerned about the PWA, the proposals may be exempt and therefore no notice is required.

wallofbeans

Affect me in terms of we have a wall between the side return of each of the houses. When I step out of back door I can see over that wall to their back door. The side return on each side is about 1 metre. There is a trellis on top of the wall with plants growing to give privacy and make the small gardens look nicer. 

I'm not sure how this specific a boundary works but will they be looking to make that wall the side of the their side return extension? How do I know if that wall is mine or there's? I assume it's fifty/fifty. These gardens are tiny already so every inch counts to make them nice. Not only will it feel like my outside space has shrunk somewhat if they do that, will I be able to grow anything up against it? 

I'm just trying to get a sense of the rules here, how a side return extension works when connecting directly to someone elses house etc. Might them have to build their new wall the other side of the existing wall for example? Does there need to be a gap or can they go right up to the boundary?

I'm surpised they didn't ask us if we wanted to do the same thing. We have thought about it in the past but were always concerned about losing what little outside space we have.

Anything in these houses requires planning I think. We are in a conservation area and this section is also grade two listed. I found out about this from via a letter from a 'party wall surveyor' who saw the propsed extension on our local council website and have written to us talking about the "party wall etc. act 1996" and asking us to apoint them to deal with it. I checked the council site and found that it was a side return, which isn't surprising as I'm told that this is typically fine with the council, whereas a loft extension is not. 

wallofbeans

I'm also now wondering about the 'two metres apart' issue. That wont be able to be the case for builders and my family if they start works before Covid-19 is sorted. Would we really be expected to not go into our garden while they are doing the work? 

I feel bad for the people who bought the house, which was sold just before Christmas (assuing it is not a building firm who bought to do up and sell on) but I'm not sure how any of this stuff can work at the moment when houses are in such close proximity like we are.

Aylesbury_Duck

You need to look on the planning portal to get some proper plans for what's happening.  And speak to your new neighbours as soon as you can.  No point starting off on the wrong foot and there may be things that you can benefit from if you raise them early enough.

As for social distancing, you have to reasonably accommodate their builders, just as they would have to reciprocate if your house needed repair work or something and access from their side was required.  That doesn't mean you'd be barred from your garden while they work.  You need to work something out.

wallofbeans

Aylesbury_Duck said:

You need to look on the planning portal to get some proper plans for what's happening.  And speak to your new neighbours as soon as you can.  No point starting off on the wrong foot and there may be things that you can benefit from if you raise them early enough.

As for social distancing, you have to reasonably accommodate their builders, just as they would have to reciprocate if your house needed repair work or something and access from their side was required.  That doesn't mean you'd be barred from your garden while they work.  You need to work something out.

The plans aren't up there yet, and we have no idea who the new neighbour are. The house sold at auction and we've not seen anyone near it since.

The social distancing is difficult. Our back door can't be much more than two metres from theirs and the only way to the gardeb (well, it's more like a yard) is down the side the return where we would be two or three feet at best from anyone outside on the neighbours side. So it would be very tricky to use the outside space if builders are right there, especially if they are allowed to remove the dividing wall. Maybe they can put up some sort of screen or something, I don't know.

If I was them I would put a hold on doing any major building works, the rules around social distancing will make it much harder and I assume take a lot longer, cost a lot more, to complete. 

DOH_a

Tbh, there isn’t much you can do until at least a Planning application is submitted because we would be making too many assumptions along with the if’s, but’s and maybe’s.

The fact the property is located within a Conservation Area and it’s listed means a formal Planning application will need to be submitted. Once that is done, that is when you’d be able to review and comment upon the proposals. The LPA will be quite strict on the proposals if they affect the listed building structure and status.

As an application has not yet been submitted, you may find the new owners may involve you and your comments prior to one being submitted. At the same time they may give you the option of submitting a joint application for joint proposals.

wallofbeans

DOH.a said:

Tbh, there isn’t much you can do until at least a Planning application is submitted because we would be making too many assumptions along with the if’s, but’s and maybe’s.

The fact the property is located within a Conservation Area and it’s listed means a formal Planning application will need to be submitted. Once that is done, that is when you’d be able to review and comment upon the proposals. The LPA will be quite strict on the proposals if they affect the listed building structure and status.

As an application has not yet been submitted, you may find the new owners may involve you and your comments prior to one being submitted. At the same time they may give you the option of submitting a joint application for joint proposals.

I can see the application online on the council website but the details aren't yet available to view. It was submitted on the 7th of May apparently. 

DOH_a

If I was you and if you still can’t see the uploaded details by Thursday (i.e. two weeks after submission), give the LPA a call.

wallofbeans

DOH.a said:

If I was you and if you still can’t see the uploaded details by Thursday (i.e. two weeks after submission), give the LPA a call.

What is the LPA?

DOH_a

Local Planning Authority.