Shall we reduce our wall??

[NadTheLak]

Help needed please;
We're 6 weeks into building a double storey side and rear extension and our neighbour basically watched our brickie lay the foundation blocks waited until the whole first level course was complete and then decided to report us to the council for breaching our PD by 250mm more or less the size of a brick.
An enforcement officer came round and he's advising that we'll have to reduce the wall as we're breaching 45 degree daylight...we've already put the steels in so to reduce now is a major, major hassle - apparently it's unlikely that we'll be granted retrospective planning so they're recommending that we reduce...what do you guys think is it worth fighting this or should we just give in an reduce the wall to the PD 3m?

 

[freddiemercurystwin]

If the builder didn't build it to the dimensions on the drawing then its the builders problem isn't it? Getting a wall out by say 50mm is forgiveable, 250mm is just sloppy. Assuming the dims were on the drawing that is ....

It won't just be moving the wall though, it will probably be a new foundation too!

 

[NadTheLak]

The builders hassle will still be our hassle! So it's not worth fighting then in your estimate, worst case scenario if we carry on we could be asked to knock the extension down...I suppose???

 

[^woody^]

Have you actually and precisely measured the extension in context of the 45 degree angle?

What does your designer say about options of splaying the corner or forming a double return to get over the 45 degree line?

And what is this about steels being in and preventing you altering the extension?

 

[NadTheLak]

No we're just going on the enforcement officers call at the moment so no precise measuring done so far, will speak to designer re the splaying option and advise back.

Can you reduce size with steels in place, the call came after the builder had left for the day so I'll chat to him tomorrow. Thanks

 

[DevilDamo]

Just out of interest, what window does the extension oversail?

Just get your architect/technician/designer to correctly survey your and the neighbouring properties along with the windows, take the 45 degree line on the centre line of the window/door and see how much you're over by... if at all. If you are within, there still may be the argument that you haven't built the extension in accordance with the planning approved drawings so they could ask for a new application to be submitted as it couldn't be dealt with as a non-material amendment.

 

[freddiemercurystwin]

Just out of interest, what window does the extension oversail?

Just get your architect/technician/designer to correctly survey your and the neighbouring properties along with the windows, take the 45 degree line on the centre line of the window/door and see how much you're over by... if at all. If you are within, there still may be the argument that you haven't built the extension in accordance with the planning approved drawings so they could ask for a new application to be submitted as it couldn't be dealt with as a non-material amendment.

The OP said the depth was supposed to be the PD 3m so built to the limit.

 

[DevilDamo]

Oh right. So the 3m and 45 degree line are on the same line?

 

[freddiemercurystwin]

An application is for an LDC or PP, if it is not PD (ie deeper than the depth permitted as the OP is inferring) then it cannot be dealt with an amendment as it will no longer be PD.

 

[DevilDamo]

Yeh... I know that. Just can't understand why the 45 degree line has been mentioned when works under PD were being carried out. It's either PD or not.

 

[freddiemercurystwin]

Because the builders have built it too deep. Now its no longer PD so will need an PA or moved back to 3m.

 

[geraldthehamster]

Just out of interest, what window does the extension oversail?

Just get your architect/technician/designer to correctly survey your and the neighbouring properties along with the windows, take the 45 degree line on the centre line of the window/door and see how much you're over by... if at all. If you are within, there still may be the argument that you haven't built the extension in accordance with the planning approved drawings so they could ask for a new application to be submitted as it couldn't be dealt with as a non-material amendment.

The OP said the depth was supposed to be the PD 3m so built to the limit.

A "double storey" extension can't be done under PD, can it?

Cheers
Richard

 

[NadTheLak]

Hi Richard

We've got planning for the double storey side, however the rear was granted under the 3m PD.

Thanks

 

[geraldthehamster]

Hi Richard

We've got planning for the double storey side, however the rear was granted under the 3m PD.

Thanks

Oh I see. So the rear is single-story?

Cheers
Richard

 

[NadTheLak]

Yes the rear is single storey.

Ta