Neighour's extension on my land

VictorMeldew

Is it vital? Or am I just clutching at straws? It was easy to forget about as no-one has ever been round to collect the peppercorn!!

Edit -

I've just found out that it makes no difference whether it's freehold or leasehold. What may make a difference is that because the land was sold in 1984 there should be up to date diagrams showing the boundaries, so hopefully I won't need to dig out the micro-fiche that blueboy referred to.

greenface

lostinrates wrote: »

:eek: :eek:

I'm a bit amazed that anyone could foget such a vital thing :eek: :eek:

Dont say it is vital without a reasoning why because i dont think it is a issue . Regarless of if its freehold leasehold or groundrent sweetcorn one thing the land isnt is the neighbours.
unless you can shed light

simcla

If some of your garden is in the path of sunlight going into his windows you could plant some leylandii so that his house gets very dark!!

VictorMeldew

The plasterer came round today and asked for access to our back garden so that he could render the side of the extension. My wife told him no as we're waiting for advice from the surveyor who is coming out tomorrow, and have been advised to allow no more access until the survey is complete. Actually, we were both concerned about letting him in out garden anyway as my wife and two year old were in on their own, and the plasterer has apparently just got out of prison!

This evening the neighbour's brother came round with a letter (he's too scared to come round himself!), that says:-

To whom it may concern at ...my address

We understand that you have refused to grant access to the plasterers onto your property to render our extension. We agree not to render the area of the extension that is inaccesible for us to do, but we note that we have offered to carry out the work.
We will not be liable to pay for any cost in the future if you require work to be carried out on this area as we have already paid out the cost of scaffolding and plasterers to carry out the work required.

Signed my neighbour, the plasterer and another neighbour of mine as a witness.


He also said that he sent a copy to the coucil (for luck?!)

Why does he think I'd be bothered if he can't render his extension? At the first sign of any resistance from us this is the response we get! It's not even like my wife said that they can never have access, just that we've been told not to allow it until the surveyor has been out.

I'm actually hoping that the surveyor says that either the extension IS on his land or we've got a weak case so that I don't have to pursue this. Hopefully I'll know more tomorrow.

melancholly

that's just bizarre - any idiot would think to check in advance to see when it's convenient (what if you had a party of kids in there?), but clearly this neighbour isn't your average idiot. that note is a bit ominous too.

been watching the thread for some time, just really hope it works out for you.

blueboy2001

planning_officer wrote: »

However, as mentioned before, the planning officer is wrong to assert that the single storey extension is PD - from the photos, it's clearly not even substantially complete, therefore it cannot be PD, mindful of the presence of the 2 storey extension and indeed the existing rear single storey projection, which presumably is also an addition to the original dwelling.

I agree, none of the development currently taking place on site can be PD. I'm not sure that this is just coming across confusingly due to the case officer's poor communication skills though. The original single storey extension probably was PD, and I suspect he is refering to this. I suspect he's accepted an amendment for an extension to the extension to allow for a pitched roof in place of the balcony.

The lack of a site layout plan would mean the application would not have been registered where I work, in fact it is a national requirement - see page 40 of http://www.communities.gov.uk/documents/planningandbuilding/pdf/validationplanningapplicatio.pdf

I would assume that at the very least the decision woud have a condition requiring that materials match existing. If he doesn't render the extension that's a breach of condition and the Council can serve a Breach of Condition Notice. Sending a letter to the Council informing them you are going to breach a condition is a bit foolish!

planning_officer

greenface wrote: »

Are there ways Victor could appoach this and a few suggestions as to go about it (can you build right up to your line or do you need to have a 200mm space ?)(if you can build right upto your border would the footings be in your land ?)

It depends on whether you are building something under 'permitted development' rights - dwellings have a 70 cubic metre 'allowance', provided you are not building nearer a highway than the original dwelling; it is no more than 4m in height if it is within 2m of the boundary; cannot be higher than the original dwelling; involve an alteration to any roof; the total buildings do not cover more than 50% of the curtilage (plus a couple of other criteria). Extensions count cumulatively, so if you have extended b4, then the chances are you may have 'used up' the allowance and hence require planning permission.

The 70 c m allowance is reduced to 50 cu m if you live in a national park, AONB, conservation area, or if the dwelling is terraced. Flats have no permitted development rights. So, yes, in theory (subject to these criteria) you can build a single storey extension up to the boundary.

If you are applying for planning permission for something higher, i.e. a 2 storey extension, then it depends on the policies of the particular Local Planning Authority - at mine, we look for a minimum of 1m gap to the boundary at first floor level and above (that's why Victor's neighbour's extension would probably be refused at my LPA!).

SquatNow

I'm still on for 100 of us going round there and knocking the f***ing thing down.

guppy

VictorMeldew wrote: »

I have a bit more info - not sure what difference this will make though. I've found out through a distant family member who works for the land registry that my house is leasehold (peppercorn rent - I'd forgotten about this) and my neighbour's is freehold.

Who owns the freehold? Might they be interested in what is happening to their interest?

VictorMeldew

Thanks very much Blueboy for this:-

blueboy2001 wrote: »

The lack of a site layout plan would mean the application would not have been registered where I work, in fact it is a national requirement - see page 40 of http://www.communities.gov.uk/documents/planningandbuilding/pdf/validationplanningapplicatio.pdf

Is there anything I can do about this now or is it too late? Is there anyway the decision can be overturned, and if so what's the best way for me to go about this? It makes me furious that if the council had done their job properly, I wouldn't be in this mess.

Apparently in Liverpool you can build right up to the boundary (leaving room for the eves and gutters - which he hasn't).

Guppy - the council owns my leasehold, but my chartered surveyor says that for all intents and purposes, the land is mine. (Is this what you meant?) My neighbour will now own the freehold.