Neighbour's planning application for new build requires underpinning of my wall!

Section62

AskAsk said:

snarffie said:

Not sure if this might work and other more expert contributors will hopefully chip in…Can’t the OP just put in an application to build in a small window into their side wall? Building a window would presumably stymie the proposed adjacent development wouldn’t it? What about a couple of strategically placed extract fans on the wall? I don’t know. Just a thought.

yeah, with hindsight this is the best solution when you have a situation like the OP but often the window may not be granted planning permission as it overlooks the neighbour's land but yeah, it would be a good idea to do this if anyone has a side wall.

No, it is a really bad idea.

The OP would need planning consent to put the window in, and it would have to be on the first floor.  Assuming the boundary is the face of the wall then the OP couldn't have a sill on the window without (further) trespassing on the neighbour's property, and with no sill there is a risk of water penetration and damp in the house.  The work would also need building control approval, which it won't get if the water penetration issue isn't avoided.

The council would see a planning application for a window as a tactic to stop the neighbouring land being developed and likely find a reason to refuse it, for example on the grounds it overlooks the neighbours.

And given the potential development value of the land, it isn't unrealistic to think the owners might head fairly rapidly to litigation, and if m'learned friends get involved then the outcome could be costly for the OP... even if they get to keep their new (but not cheap) window.

snarffie

Section62 said:

AskAsk said:

snarffie said:

Not sure if this might work and other more expert contributors will hopefully chip in…Can’t the OP just put in an application to build in a small window into their side wall? Building a window would presumably stymie the proposed adjacent development wouldn’t it? What about a couple of strategically placed extract fans on the wall? I don’t know. Just a thought.

yeah, with hindsight this is the best solution when you have a situation like the OP but often the window may not be granted planning permission as it overlooks the neighbour's land but yeah, it would be a good idea to do this if anyone has a side wall.

No, it is a really bad idea.

The OP would need planning consent to put the window in, and it would have to be on the first floor.  Assuming the boundary is the face of the wall then the OP couldn't have a sill on the window without (further) trespassing on the neighbour's property, and with no sill there is a risk of water penetration and damp in the house.  The work would also need building control approval, which it won't get if the water penetration issue isn't avoided.

The council would see a planning application for a window as a tactic to stop the neighbouring land being developed and likely find a reason to refuse it, for example on the grounds it overlooks the neighbours.

And given the potential development value of the land, it isn't unrealistic to think the owners might head fairly rapidly to litigation, and if m'learned friends get involved then the outcome could be costly for the OP... even if they get to keep their new (but not cheap) window.

I don’t see any of these issues standing in the way of the OP building a window on their side wall. They have a right to do it as it’s their property (with planning permission in place).

A window cill would not reasonably encroach on any neighbouring land. If that was the case, nobody would have a window cill! . It may be seen as a tactic to stymie future development, but that’s up to the planners/committee and worth the OP getting some advice on this.

Regarding litigation-worst case is that the window is simply not built and nothing is lost by trying.  Again, worth taking proper advice.

As I might have said before, I don’t think the proposed development is that bad so it depends on how far the OP wants to go.

Doozergirl

snarffie said:

Doozergirl said:

Flugelhorn said:

snarffie said:

Not sure if this might work and other more expert contributors will hopefully chip in…Can’t the OP just put in an application to build in a small window into their side wall? Building a window would presumably stymie the proposed adjacent development wouldn’t it? What about a couple of strategically placed extract fans on the wall? I don’t know. Just a thought.

how about a heat pump

Where are they putting that?  On the neighbours land? 

Trespass is not a solution.  

Would the window idea work though?

No.  Unless it was the key window for a habitable room and had been there for some time.  

There are strict planning rules on side windows too.