Will I be allowed to build rear extension like this?

[noidea321]

Not my property: technically the boundary lies in the middle of the shared pathway, both properties have right of access to the path according to title register.

The blue lines denote where the current fences are, the red dashed lines is where the potential build would sit.

I've also attached the title plan, if that helps.

I'm inclined to say no, however previous occupiers were granted planning permission 5 years ago, with plans detailing that the width is 5m, which would definitely encroach onto the side access (width would reach middle of garage)

 

[foxhole]

apply for Planning permission that should answer your question.

 

[Murdochcat]

Single or double story?

 

[noidea321]

Single

 

[freddiemercurystwin]

edited

 

[freddiemercurystwin]

So ignore my last comment about joining the garage, if you read it, going by your drawing you're obviously keeping a gap between the extension and the garage.

Presumably your new extension is joining an existing one?

If you can live with 6m deep overall (and the heights are limited as per the rules) you could apply for an extension under Prior Approval https://www.planningportal.co.uk/permission/common-projects/extensions/prior-approval, that is effectively doing it under permitted development but only if the neighbours don't object. So it begs the question do you think they will object or not?

Or just apply for planning permission anyway, you could find your Local Plan Guidance which should contain the criteria with which your Local Authority must use to determine whether to approve the application or not. If the guidance hasn't been changed since the last application or as long as the criteria permits such extensions then it should get approved.

 

[noidea321]

Presuming the current occupants were granted planning permission 6 years ago (same neighbours) I'd assume it should be OK.

So I assume this is allowed pending no disapproval from the neighbour, and the council have no issues?

 

[freddiemercurystwin]

For Prior Approval yes provided they don't object.

For planning Permission yes provided the Local Plan guidance hasn't changed to the detriment in the meantime.

 

[noidea321]

apply for Planning permission that should answer your question.

Planning permission was granted 6 years ago as per my original post, with the attached architects plan. The plan isn't totally accurate (note the scale, if it is ~5m wide then it will reach the middle of the side garage, and the fence is angled differently to how it actually is), so a bit iffy about the actual permission that was submitted and if council were aware of dimensions

 

[foxhole]

Planning permission was granted 6 years ago as per my original post, with the attached architects plan. The plan isn't totally accurate (note the scale, if it is ~5m wide then it will reach the middle of the side garage, and the fence is angled differently to how it actually is), so a bit iffy about the actual permission that was submitted and if council were aware of dimensions

Planning is therefore out of date , you need to reapply , what’s been approved previously is not necessarily what will be approved today .

 

[^woody^]

A permission granted over 3 years ago and not significantly started would normally lapse and require a new application.

Generally that situation is common, and as long as permission is granted via a formal application, and it's not done under permitted development, the proposal would be valid.

However, the issue may be the deeds and any covenants/easements or other restrictions placed on the property owner for the shared land. That's a separate issue under land law.

Dimensions would take less precedence than alignment - where say something is shown aligning with a feature (house wall, fence line etc) but the dimensions do not tally.

 

[noidea321]

A permission granted over 3 years ago and not significantly started would normally lapse and require a new application.

Generally that situation is common, and as long as permission is granted via a formal application, and it's not done under permitted development, the proposal would be valid.

However, the issue may be the deeds and any covenants/easements or other restrictions placed on the property owner for the shared land. That's a separate issue under land law.

Dimensions would take less precedence than alignment - where say something is shown aligning with a feature (house wall, fence line etc) but the dimensions do not tally.

Yep, the factor around the right of way for the shared access driveway is my main concern and hence the post.

Going by the rest of the comments it eventually comes down to objections from the neighbour

 

[mrrusty]

Planning will not consider the right of way, so even if planning permission is granted, if it is over a right of way owned by a third party then it could still result in litigation. The right of way is a "thing" that the dominant owner possesses separately to the ownership of property and the subservient owner cannot unilaterally change it.

It will depend exactly on what the title and wording of the right of way says. If it says something along the lines of the whole area is a shared access across which both parties have equal rights, then that right of way cannot be extinguished without further legal application, and will persist for all time, even if not used.

Building over a right of way could give the property serious problems in the future.

Going by the rest of the comments it eventually comes down to objections from the neighbour

No. it doesn't. Even if the neighbour gave "permission", it wouldn't automatically extinguish the right of way, which a subsequent owner might try and resurrect

 

[noidea321]

Planning will not consider the right of way, so even if planning permission is granted, if it is over a right of way owned by a third party then it could still result in litigation. The right of way is a "thing" that the dominant owner possesses separately to the ownership of property and the subservient owner cannot unilaterally change it.

It will depend exactly on what the title and wording of the right of way says. If it says something along the lines of the whole area is a shared access across which both parties have equal rights, then that right of way cannot be extinguished without further legal application, and will persist for all time, even if not used.

Building over a right of way could give the property serious problems in the future.



No. it doesn't. Even if the neighbour gave "permission", it wouldn't automatically extinguish the right of way, which a subsequent owner might try and resurrect

So, the Title Register says this (referencing the Title Plan I attached above);

The land tinted pink on the filed plan has the benefit of rights of drainage through the drains and sewers lying under adjoining land leading into the main sewer and a right of way over the part of the side passageway not included in the title.

I don't know if that changes anything

 

[^woody^]

I don't know if that changes anything

No

Planning law and property law are distinct, and having planning permission to build over land, does not give permission for the thing to be built under any other restrictive law or regulations.