Foundations and ground level query.

[Parsnip161]

Hello
This is my first post so here goes.

My neighbour is building a 13.7m garage along the boundary between our properties.
We already have a 8.9 m garage kitchen extension 150mm away from the boundary built over 30 years ago.
The neighbour has been refused PP twice for similar plans and it has been dismissed at appeal.
The build is going ahead under Permitted Development.
A test hole revealed we have very shallow foundations but at the moment the building is sound. Party Wall surveyors are involved.
During the condition survey we noticed the ground level had been reduced, showing even more of our foundations that have been underground for 30 years.
Has anyone any experience of reducing the natural ground level to make sure the build sneeks in under permitted development, as the ground falls away to the rear of the garden.

Thank you

 

[tony1851]

I doubt that reducing the ground level is some sort of ruse on the part of the neighbour.
If it's a question of keeping the garage within p.d. rules, artificially reducing the ground level would make matters worse for the neighbour, not better.

 

[ban-all-sheds]

The neighbour has been refused PP twice for similar plans and it has been dismissed at appeal.

Did you raise any objections in either case?

 

[ban-all-sheds]

I doubt that reducing the ground level is some sort of ruse on the part of the neighbour.

Unless he is clueless, and the problem is the height of his building?

 

[Parsnip161]

The neighbour has been refused PP twice for similar plans and it has been dismissed at appeal.

Did you raise any objections in either case?

Yes we raised objections for both Planning Permissions and were contacted by the Appeal Inspector for access to our property, but in the end he didn't need access as he was able to see enough from next door to make his decision.

 

[Parsnip161]

I doubt that reducing the ground level is some sort of ruse on the part of the neighbour.

Unless he is clueless, and the problem is the height of his building?

This is what we cannot understand, he has removed so much of the ground level that our garage could be down to the top of the concrete footing. As it on the boundary the outbuilding should be no higher than 2.5m and the garden level does drop away.

 

[Parsnip161]

By way of an update on the build next door.
The neighbour continued to remove the ground along our garage so much so that all our foundations were exposed. The building control officer had an input in the party wall agreement and insisted on an upstand with rebars covering our exposed foundations. The foundations were put in in 1m sections 2m apart.
The area was screened off while the foundations were being put in and we have since noticed further down the garden that the foundations protrude into our property for approx 2m by about 30cm by 30cm high? We are thinking of extending our property to change the focus from the huge brick wall we now look onto and these foundations are going to be in the way.
Also the plans stated the buildings would be 300mm apart, but we have just measured and it is 285mm. Is there a minimum distance between buildings?
I know these are only small amounts but as we have put up with months of noise, verbal abuse, etc we have had enough especially as he is doing most of the build himself.

 

[tony1851]

Under the terms of the Party Wall Act, a neighbour can project footings over the boundary, as long as they are only plain concrete and not reinforced concrete (ie with steel bars or mesh).

The 15mm discrepancy is nothing in building terms and I shouldn't waste time arguing the point with anyone on that.