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Neighbour's planning application for new build requires underpinning of my wall!
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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.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.0
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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.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.
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.0 -
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.
Trespass is not a solution.There are strict planning rules on side windows too.Everything that is supposed to be in heaven is already here on earth.
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