Advice Needed - Neighbour trying to build flats joining my semi-detached proprty

Albermarle

Although be aware that if permission for the flats is denied, the developer may well put in a new application for a similar size/height house.
In fact that might be the plan anyway, knowing that the flats may get rejected.

AskAsk

I had a similar issues many years ago.  My house was an end of terrace and next to my house was a car repair garage.  The garage owner owned my house and the garage but he sold me the house and kept the garage for his work.

After a year of moving in, he sold his garage to a developer and they wanted to demolish the garage and build a 4 storey block with 4 flats next to my 3 storey victorian house.

I was livid but the council gave them planning permission.  They built right up to my house but they had to build their own wall as they were not allowed to use my wall.  They put flashings where the walls were attached to stop water going down between the walls.

It actually ended up being a good thing as the new block of flats was much better than the dump of a garage that was there so it increased the value of my house.

I had to instruct a building surveyor for the party wall.  The work was very noisy as they had to drill foundation and as my house was an old Victorian house, I instructed my surveyor to ask that they use a shallow type of foundation rather than a deep dig as it would have an effect on my wall.

It still caused hairline cracks on my walls but my house was also full of hairline cracks, you couldn't really tell the difference to sue them.

I did object about the block of flats not looking Victorian in a street of Victorian houses but the council said neither did the garage.  I also objected that the new block of flats would overlook my garden as they had balconies and as they were building the length of my back garden, it would block the light into my garden but the council said that I had no right of light.

The builders had to drop the kerb for more car parking.

Same thing happened to another house that I own.  But they only built a single storey as there was a window on the side of my house, which meant they could not block it by building up to it.  If it wasn't for that window, they would have been able to do a two-storey extension.

From your drawings, I think they will give planning permission.

FreeBear

400ixl said:

Parking would be another consideration depending on what the local policies say. Will there be off road parking for the flats.

I believe there is a requirement to provide EV charging points in all new developments (there are probably cop-out clauses). If that is the case, then off street parking would be essential.

Ah, yes. There is a cop-out clause in Part S of the Building Regulations. For residential properties, an EV charging point is only required if there is an associated parking space. Another exemption is if the installation cost for each charge point is greater than £3,600 for a new build, then the developer is exempt from having to install an EV charging point. However, some local authorities mandate that EV charging provisions should be made close by if on site parking is not available.

martindow

OP, you need to go on your LA web site to find out the planning criteria used in your area.  Only objections based on these will be considered and it weakens your case if you object on other grounds.

It may be worth contacting your local councillor to see if they would be prepared to oppose it or contact the relevant officers in the council on your behalf to add to your case.

shai70

Thank you for all of your replies. I will spend time reading my local council’s planning guidelines, call the planning officer and write a detailed response. There will be a substantial loss of light to my residential dwelling, namely my study and kitchen which receive light through the velux windows. I work from home and I would find this loss of light very difficult to work with. 

They are essentially not building a house on the side of their property, but rather on the side of mine and on our street, which they don’t even live on. I will try and find proper objections for this and can only hope it doesn’t go through. I have considered they have probably thought about objections and have a plan B. 

I believe the LA has policies in relation to the quality of garden developments, which this is, Character and Distinctiveness, Cycle Storage, private outdoor amenity space and parking. All of these will be considered in our objections and we have the support of a large number of neighbours. 

fluffymuffy

shai70 said:

Yes, we did build right up to the border. 

Is the face of your wall on the boundary? What about the facia board and gutter? Are these oversailing nextdoor's land? Is there written permission for this? That would help your case.

shai70

fluffymuffy said:

shai70 said:

Yes, we did build right up to the border. 

Is the face of your wall on the boundary? What about the facia board and gutter? Are these oversailing nextdoor's land? Is there written permission for this? That would help your case.

I will check our plans but the previous owner of the house and land looked at our plans and did not object. Not sure if that is relevant.

fluffymuffy

Generally buildings and extensions are not built right up to the boundary because of the need to accommodate any overhang by the eaves and guttering without encroachment onto neighbouring land. Otherwise a legal easement needs to be created.

Perhaps this might be found on your deeds?