Another Permitted development one

meg00

About 20 years ago my then neighbour obtained permission to have a single storey extension built (with a pitched roof) to increase the size of the kitchen, I had no objections.

The 4 metre length of the extension wall is now the boundary between the two properties at the back.

New neighbour wants to build on top of the extension up to the roof line, which means my upstairs windows on the gable side of the house next to hers will be 110 cms away from her extended brick wall, and as my wall faces east will cut down the amount of light coming into my upstairs hall and bathroom.

We both have garages adjoining each other at the front of the house, so her extension work will have to be done from within my boundary, (my garage has access to the back of my house, hers does not because of her extension). It also means that maintenance to the side of my property, guttering, overflows, pipework, roof work, painting, pointing, aerials etc cannot be done by ladder as there would not be the pitch to get safely to my third floor roof.

She maintains her builder says she does not need planning permission to do this under permitted development.

What are my options?.

Ant555

I think it changed recently to allow two storey rear extensions but check the parameters of your neighbours plans fall under PD.
You probably will not be able to object to anything that falls under under PD but the first thing I would check is that a 4m long extra storey is allowed without planning permission.

This below from www.planningportal.co.uk
https://www.planningportal.co.uk/info/200130/common_projects/17/extensions

For extensions of more than one storey

• Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary* opposite the rear wall of the house.

Mistral001

The builder is not an expert on Planning matters.  If he is wrong in anything he says regarding planning  matters he cannot be held responsible in the courts.  You need to get a planning consultant or architect on board if you want to find out if the builder is correct in what he is telling the neighbour.  A  planning consultant or architect will be deemed experts in  planning matters and thus can be held responsible by the courts on any advice they give. Most will have professional indemnity insurance and it is a good idea to check they have that before hiring them.  I am not a planning consultant or an architect by the way.  

Doozergirl

Ant555 said:

I think it changed recently to allow two storey rear extensions but check the parameters of your neighbours plans fall under PD.
You probably will not be able to object to anything that falls under under PD but the first thing I would check is that a 4m long extra storey is allowed without planning permission.

This below from www.planningportal.co.uk
https://www.planningportal.co.uk/info/200130/common_projects/17/extensions

For extensions of more than one storey

• Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary* opposite the rear wall of the house.

There's a specific section on additional storeys under PD. 

https://www.planningportal.co.uk/info/200130/common_projects/158/additional_storeysextending_upwards

The extension needs to be on the original house to be PD.   Amongst other things. 

You cannot go upwards on an existing extension under PD.  The builder is wrong.  

The new rules are ridiculous, but you should be protected, OP.  

meg00

Thanks.

Just for clarification, the current extension is to the side of the (my) house, and NOT the back, there is no issue with building out at her back, as the nearest property to her is about 200 metres away and about 150 metres lower than her ground floor,

If PD is not relevant to "additions to recent extensions" (ie. both houses built in 1920's without any alterations), I should be OK.

Just a bit confused about what is classed as "original" and "existing" extensions.

Doozergirl

meg00 said:

Thanks.

Just for clarification, the current extension is to the side of the (my) house, and NOT the back, there is no issue with building out at her back, as the nearest property to her is about 200 metres away and about 150 metres lower than her ground floor,

If PD is not relevant to "additions to recent extensions" (ie. both houses built in 1920's without any alterations), I should be OK.

Just a bit confused about what is classed as "original" and "existing" extensions.

You need to read my link. 

There is no additional storey PD on a house built in 1920 either.  The house needs to have been built in 1948 or later for the latest rules to apply. 

We don't have photos or diagrams to work it out.  

meg00

Thanks all,

I did read the links, and gained a lot of useful information.

Apologies to to you all, I wanted to respond quickly -  but should have taken the time to explain properly and I am grateful for the responses.

 Will see how it pans out - but I notice her builder is currently knocking the existing bathroom to bits.

I will try to provide diagrams if necessary for the future.

Again, thank you for your help.

Meg.

planningitnow

Any two storey extension needs to be 2m or more away from the boundary in order to be permitted development. Sounds as though this would fall foul of that requirement and planning permission would be required