Neighour's extension on my land

prudryden

weeg wrote: »

I think I have to disagree with prudryden on the subject of foundations.

There aren't really rules, such as 1m below the top of the clay, as such. The engineer who designed/ checked the plans will have looked at the ground and made an assessment of what foundations were needed. 2.5m is HUGE - at that depth I'd be putting in a raft, not strips. And actually, there is no reason for piles not to work in gravel soil. The thing about Eucalyptus trees is that they are thirsty, hence having to put the founds at a level that won't cause subsidence.

If the ground is good, one can use foundations that are pretty much the same width of the walls.

Basically, what i'm saying is that worrying about his foundations - especially if they are so far below yours is a bit of a red herring.

(And if I'm wrong here, please forgive me, I work under scottish building regs for the most part, and don't do houses in england)

Sorry. I seem to have missed what your disagreement is.
(1) Wasn't me that said anything about rules of 1 meter below clay.
(2) I agree. 2.5 meters is HUGH. But that is what my neighbour has to do as per the council individual who surveyed the site. Not a strutural engineer.
(3) I did say probably won't work (I don't know for a fact). I was quoting another neighbour who is a house builder.
(4) No disagreement with the Eucalyptus albeit there are 50 different varieties. I saw the schedule the council lad had when he made the determination of 2.5m and they only had one variety, WHICH HAPPENED TO BE THE ONE THAT GROWS TO 18/20 METERS. The tree in question on this problem is the one that grows to about 10 meters. (I know because its mine)

The foundations on this extension may only be the 1.5 m kind (for single story) unless it is a conservatory, but I still think I would really want to know especially since it is a two story and the potential problem, REAL OR UNREAL, could be large.

epsilondraconis

Hi VictorMeldrew. Unfortunately I can't offer any advice; however I've just read through the whole thread and am saddened that it seems that the good guys are the ones that suffer. Good to see some well informed folk (inparticular 'planning_officer') have been able to help you out as you navigate your way through this process.

I've got my fingers crossed for you...

VictorMeldew

planning_officer wrote: »

This planning officer doesn't know what he is talking about!! This is national legislation, so no - it doesn't vary from council to council.

Wow. Thanks for that planning_officer, I did think that the bloke just couldn't be bothered from his dismissive attitude towards me. Could you point me in the direction of any specific legislation that I can quote back at him. Do you think it is worth me persuing this via the council? Even if he is made to apply for retrospective planning permission, it would probably be passed anyway.

Thanks epsilondraconis and everyone else for your support, it's nice to know other people think I'm not just complaining over nothing.

For anyone who is really interested, I've uploaded some pics of the extension:

Here's one from the front (my house is on the right). This is pretty much looking straight down the fence - you can see the extension sticking over at the back corner.

http://i259.photobucket.com/albums/hh283/Bethsdad/DPP_0141-1.jpg

Here's the one storey extension at the back (on the right), and also shows how close the extension is to my house.

http://i259.photobucket.com/albums/hh283/Bethsdad/DPP_0137-1.jpg

planning_officer

Good photos - that 2 storey extension looks very close to the boundary - we have a policy that says first floor extensions should be at least 1m from the boundary, so not sure that would get passed in my district!! I presume the single storey front extension has permission? Looking at the single storey rear extension, I can see the new walls (breeeze blocks at mo), but I presume the whole hipped roof over it and the existing single storey bit is new? (it looks it). If that's the case, the volume of the new single storey extension would have to include the whole roof (basically, anything that's new).

In terms of legislation, Class A of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 states that, subject to various other criteria, a detached or semi detached house can extend by up to 70 cubic metres in volume under 'permitted development' rights, i.e. not requiring a planning application as planning permission is automatically granted under the Order. Any existing extensions, together with any outbuildings (sheds, greenhouses, garages etc) within 5m of the dwelling count towards this 'allowance'. Therefore, if he has already used up his 70 cu m by building the 2 storey extension, then any further alterations will require planning permission. I would hazard a guess that the 2 storey extension measures around 3m by 5m, by 5m to eaves level, totalling about 75 cu m, and that doesn't even include the volume of the new roof or the single storey bit on the front, so it's safe to say that it takes him over the 70 cu m allowed as permitted development.

Therefore, it is a fact that the rear single storey extension requires permission, whatever the Council say. I guess that the planning officer thinks it's probably acceptable in planning terms (i.e. if he did submit an application, then it would be permitted), but that's not really the point, and it's being lazy - they should be asking for a retrospective application. If the neighbour refuses, then I guess they may refer it to the Planning Committee to authorise no further action, but a planning officer doesn't have the authority to decide that themselves - only the planning committee do (unless procedures are radically different in Liverpool!).

If you think it may be granted permission anyway if he does submit an application, (and it doesn't look too bad, to be honest - I'd be more concerned about the 2 storey extension, although you say that has permission!) then I guess the most important issue is whether you want to pursue this 'out of principle', or whether you decide it's not worth the effort if the extension doesn;t affect you that much.

The planning officer is most definitely wrong to contend that it's permitted development though, and feel free to quote the above at him!

planning_officer

By the way, here's a link to the Town and Country Planning (General Permitted Development) Order 1995 I quoted from above:

http://www.opsi.gov.uk/si/si1995/Uksi_19950418_en_1.htm

Look at Schedule 2, Part 1, entitled "development within the curtilage of a dwellinghouse" - and refer to Class A for extensions.

VictorMeldew

Thanks very much again for that planning_officer. Only the breeze block bit is new on the one storey extension at the back. It used to be just the other pebble-dashed bit that you can just see on the right of the picture with a flat roof on it. I wouldn't mind betting that they haven't even been out to look at it. Am I right in thinking that if he does have to apply for retrospective planning permission for the one storey extension, that he has to re-apply for the whole lot again including the two storey extension and therefore I have the opportunity to object to this again.

My first objection was based mainly on the fact that they wanted to put a balcony on the flat roof at the back, but the plans were changed after I had submitted (just to put a pitched roof on the flat extension at the back, nothing about extending it). I wouldn't mind putting a stronger objection in about the two storey bit as well.

The canopy at the front is on the original plans and has permission btw.

I'll quote the above legislation at him and see what he says, this should be interesting!

hethmar

Blimey, its all a bit crushed in isnt it And you have his scaffolding in your garden..I can see now why you had the varying measurements re the boundary - your house is at a strange angle to his isnt it.

prudryden

If the scaffolding is in your garden, then tell him to remove it immediately. Since he didn't notify you as per the the Party Wall Act, then he has no right to use your property.

VictorMeldew

VictorMeldew wrote: »

Am I right in thinking that if he does have to apply for retrospective planning permission for the one storey extension, that he has to re-apply for the whole lot again including the two storey extension and therefore I have the opportunity to object to this again.

Sorry planning_officer, I've just realised that you've already answered this question in a previous post. He would have to re-apply for the whole lot again - hopefully this means that I can object again (not that it will get me anywhere).

I've thought about asking him to remove the scaffolding, but am still trying to keep things civil between us. I'm probably still being too nice about it but don't want it to turn into all out war, not yet anyway.The scaffolding should have been down by now but apparently the bloke who is meant to be doing the rendering has been put in prison! I'm not happy about letting him on my land anyway. I think I'll discuss denying him any more access to my land with the chartered surveyor.

VictorMeldew

I've just sent this to the planning officer (apparently he's the head planning officer btw):

Dear Mr xxxxxxxxx,

Thank you for the swift reply to my previous email. After reading Class A of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, it would appear that the two storey extension has already exceeded the allowed (ie 70 cu m) Permitted Development rights that you quoted. Therefore the single storey extension at the rear would require permission under this Order.

Am I incorrect? Could you please explain this to me?

Yours sincerely,

xxxxxxx xxxxx

I'll post whatever reply I get.