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Attic Conversion on Extended Property

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Tim1965
Tim1965 Posts: 36 Forumite
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edited 24 April 2018 at 2:28PM in House buying, renting & selling
:jCan someone please advise?

My elderly uncle lives in a rural semi-detached house in a small village. Last year, his very nice neighbours next door (the adjoining semi) informed him that they intended converting their attic for one of their children who was returning home to live after a failed marriage. :(

The house next door stands on a considerably small plot. It was extended a long time ago to incorporate a garage and then later, a large wrap around single story rear ground floor extension which completely spread right across the entire width of the garden plot and extended to around 2/10ths across the length of the rear garden (very small garden.)

Initially, my uncle was informed last year by the very nice neighbour that PP would be required because they had used up so much of their existing ground already for extending. However, now his neighbour has informed him that because of relaxation of recent Government regs and Permitted Development that they no longer need PP.;)

My uncle, needless to say is finding this all a little confusing and bewildering. Any help or kind advice will be gratefully appreciated.

Tim.
:beer:

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  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    The only place you are going to get an answer to this is from your uncle's local council.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
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    What is the actual problem?
  • Tim1965
    Tim1965 Posts: 36 Forumite
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    Hi Cakeguts!

    I have just spent the entire morning trying to obtain this advice from the local council planning department to no avail and also at the CAB, but they don't specialise in building regulations so much. :(

    I just wanted a bit of general advice from anyone who may have experience of this if at all possible?:money:

    Much appreciated.:j
  • Tim1965
    Tim1965 Posts: 36 Forumite
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    This Hoploz:-


    ...Initially, my uncle was informed last year by the very nice neighbour that PP would be required because they had used up so much of their existing ground already for extending. However, now his neighbour has informed him that because of relaxation of recent Government regs and Permitted Development that they no longer need PP...

    My uncle, needless to say is finding this all a little confusing and bewildering. Any help or kind advice will be gratefully appreciated.

    ...Confusion at contradictory information!:j
  • eddddy
    eddddy Posts: 16,442 Forumite
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    edited 24 April 2018 at 2:30PM
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    What do you want advice about? You haven't really explained.

    All you have said is that your uncle's neighbour wants to convert their attic.

    Is it that your uncle doesn't want the neighbour to convert the attic - so you want advice on how your uncle should object to the conversion?

    Or do you want to give advice to your uncle's neighbour about planning permission?

    Or something else?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    Tim1965 wrote: »
    Hi Cakeguts!

    I have just spent the entire morning trying to obtain this advice from the local council planning department to no avail and also at the CAB, but they don't specialise in building regulations so much. :(

    I just wanted a bit of general advice from anyone who may have experience of this if at all possible?:money:

    Much appreciated.:j

    What advice have you been asking the council for? You say this advice but you haven't told us what advice you were after so we are all guessing about what it is you want to know.

    All we know is that your uncle's next door neighbour wants to do a loft conversion. What we don't know is how your uncle thinks that is either any of his business or how he thinks it will affect him.
  • AlexMac
    AlexMac Posts: 2,990 Forumite
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    The extent to which your uncle researches the rights and wrongs of his neighbours' proposed plans might depend on his (the uncle's) intentions as regards the project?

    Is he hoping to stop it from happening? If so, the need for PP may not necessarily prevent it as (assuming the neighbour engages a competent builder or architect rather than a jobbing cowboy), it's unlikely they would wish to proceed without checking that it's likely to fall within "Permitted Development" ...
    (https://www.planningportal.co.uk/info/200130/common_projects/36/loft_conversion) ...
    ... or be something which is likely to stand a chance when a Planning Permission is sought.

    Many councils, including my own, issue guidance (sometimes called Supplementary Planning Documents) to indicate what is and isn't likely to be acceptable in loft or other residential conversions and extensions, so start by googling those phrases and your Planning Authority's name.

    If PP is required then any objection by your uncle will need to be on relevant grounds as things like noise, nuisance and dispruption during construction are not valid reasons to object (google this too).

    And one objection tends not to stop a project; so the neighbour might get approval anyway, even if he does object; my Council's default position is to approve stuff; it doesn't even go to our Planning Committee of elected Councillors unless there are 8 objections, but a decison is taken by Planning Officers.

    If your uncle doesn't object, and assuming that the neighbour consults him informally on the detail and scale of the project, is it really his problem if the neighbour needs PP or not?

    Either way, if it goes ahead, the neighbour will need your uncle's permission. If I was him, I'd insist on a formal "Party Wall Agreement" with a Party Wall Surveyor appointed at the neighbour's expense to protect uncle's interest. (google it) I assume that the neighbour will also wish to notify the Council's "Building Control" inspector, although he can get round that by appointing a commercial "Competent Person" who will probably be less picky in my experience, as they are paid by the developer.

    Our mates'neighbour tried an over-sised conversion without consultation or a Party Wall Agreement, and while they had to threaten legal action, (as their Council enforcement was a bit limp) they eventually go it stopped, after work began. We and other neighbours also really had to lean hard on the Council to get a massive, unapproved upwards conversion stopped several years ago after an HMO developer got his cowboy builders in the day after buying the house at auction;in the end, he had to reinatate the original roof!

    So do your research, decide what you want to achieve, and how far you are happy to take the neighbour on if what they propose is OTT.
  • Tim1965
    Tim1965 Posts: 36 Forumite
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    edited 24 April 2018 at 3:14PM
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    Thank You AlexMac!:beer:

    This is the exact advise I was looking for! :T

    My poor old uncle doesn't want to oppose the conversion as his neighbours are decent types and are good at sticking to their word. You have outlined my suspicions about the situation and as you say in your comment, I think my uncle's neighbours are using a reputable builder.

    We understand that a Party Wall Agreement is coming his way in the next few weeks for him to sign and as my uncle has no reason to dissent, he intends to sign it.

    He also tells me he is going to invest in a pair of noise cancelling headphones while the work is carried out.

    Uncle is aged 79!

    Thanks for your input, I hope it helps others in the same quandry.

    Cheers, Tim
    :beer:
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