Access to my property for building works next door

LightFlare

whose wall is that on the left of the picture and what is it.

whilst I agree with you in principle - is all this about what looks like 6" that you cant access/use anyway (assuming the left hand wall is yours)

I would be checking what their roof drainage plan is as if that wall is on or over the boundary - then they def cant put any gutters on that side

bgy3jlh

The wall on the left is my garage wall.

There is no known boundary, hence why I was insistent that the fence remain. 

No, it's about the signed agreement that they keep all building to their side of the fence as per the plan that went through planning permission and I didn't object to. I only uploaded one picture - the rest of their extension wall is beside my driveway. So it would mean that they were building partially on my land (if the centre of the fence is taken to be the boundary line) and that the fence that currently makes a nice separation between their buildings and mine, is gone. What if someone in the future wanted to build up to the boundary line on my side as part of an extension? Some people do reduce driveway length to accommodate an extension.

These people have played dirty from the beginning - trying all sorts of tactics to pressure me first of all into believing that my understanding of the approved plans were wrong, then that I definitely don't need a party wall notice, then that I don't need a party wall award or my own surveyor. And this rogue party is the local council, who are supposed to work for me as well as for my neighbour. 

bgy3jlh

Spoke to the builder. There is no intention to replace the fence in its 'exact current position'. I presume that my neigbour countersigned the consent form knowing that they would not support the condition.  

Boohoo

Phone up your Legal Protection asap and see what advice they can give you 

Assuming that is you have LP cover.

This needs sorting out now before the builders start laying the rest of that extension.

bgy3jlh

Thanks Boohoo. I did. We talked through various options, but they all seriously inconvenience me (time, money, disputes). The project team will have known this when they advised the neighbour to just agree to whatever I ask for, with no intention of seeing it through. The big guy squashes the little guy again. 

LightFlare

bgy3jlh said:

Thanks Boohoo. I did. We talked through various options, but they all seriously inconvenience me (time, money, disputes). The project team will have known this when they advised the neighbour to just agree to whatever I ask for, with no intention of seeing it through. The big guy squashes the little guy again. 

Well - you have the choice between seeking a remedy or allowing them to proceed

Either will cause you some level of inconvenience- up to you to decide which you go with.

Have you actually contacted the council planning department to report the neighbour being in breach (assuming they are from a planning perspective)

I would still be “concerned “ about gutters and rain collection and how that has been factored in

Looking at the two pictures - they may actually be doing you a favour - they are replacing a fence that you would have zero chance of accessing for maintenance with a solid wall that is their problem

bgy3jlh

Thank you @LightFlare

Yes - I was wondering about building control / planning, too. I'm not sure if the fact that there is clearly a fence in the plans that were presented to me for approval constitutes a planning breach or a private matter. Does anyone know?

The gutters are on the front and back of the structure, so not on the side where my driveway and garage is.

Yes - in some ways doing me a favour - it also opens up more space next to my driveway (because there will be open space that was previously fenced off). But, how on Earth is anyone going to be able to access either wall for maintenance when they are only a couple of inches apart. When the surveyor did his report, he advised that I have my garage and maybe my house repointed. But as a friend commented when they saw the photo, only Roland Rat can get through there.

Oh, also, the planning department is at the local council, the same local council as is running the project. So, the likelihood of success with that route is slim. But, at least I would have lodged my objection and made my feelings known....

bgy3jlh

I've just compared the proposed plan to the plan that they are working from. The measurements (namely, 1300) have not changed, but the first one is erroneous because it shows all work happening on their side of the fence which was never going to be feasible because the distance to my garage would no longer allow for a fence to sit alongside it.

According to their drawings, the fence has miraculously jumped closer towards their house since the first plan was drawn up.

So, the plan was delieberately misleading, as were all of their communications with me, including the council-contracted PWS drafting the legally-binding condition that the fence would remain in its 'exact current position'.

bgy3jlh

I've just measured the extension. It's 1410mm not 1300mm. I've taken date stamped photos as proof.

It was a neighbour consultation scheme, rather than a full planning application. Not sure whether building control still applies? 

Ectophile

bgy3jlh said:

I've just measured the extension. It's 1410mm not 1300mm. I've taken date stamped photos as proof.

It was a neighbour consultation scheme, rather than a full planning application. Not sure whether building control still applies? 

Planning and building control are two completely separate departments in the council.  Building control applies even if planning permission isn't needed.

But building control is about the quality of the build (whether or not it's safe), and nothing to do with whether it's in the right place.