Neighbours Plans are right to the Edge of Boundry

Thank you all again for your points of assistance. I can see no other properties that have been amended in this manner on the street. Last night I did some searches on the council website for rejected planning applications of the same sort. I found two where the council denied the build because it build right up to the neighbours boundary. Does the year of these applications matter and should I reference them in any objection letter?

You can definitely reference them, regardless of their age. If I remember the process, the council will send you a letter saying that plans have been submitted, and you can then look at them online, or at the council offices, and you'll be invited to submit comments on the application. The council planners are impartial, and you should find you can go and chat with them, and whilst you won't get a definitive answer, they'll normally give you an idea of what they'll accept or allow, and they'll listen to your concerns, and will give you advice on how to object, and possibly, the grounds to object. It might be worthwhile suggesting that the neighbour also has an alleyway down the side of his house.

Thanks Freddie, I've never come across eccentric foundations before. But how would they dig so closely to the boundary, and not cause problems. It seems to me that the neighbour is being a bit of a sod thinking he can have it all his own way, so I could see your scenario of leaving a block wall a possibility, but would planning allow that.

Doggit said:

You can definitely reference them, regardless of their age. If I remember the process, the council will send you a letter saying that plans have been submitted, and you can then look at them online, or at the council offices, and you'll be invited to submit comments on the application. The council planners are impartial, and you should find you can go and chat with them, and whilst you won't get a definitive answer, they'll normally give you an idea of what they'll accept or allow, and they'll listen to your concerns, and will give you advice on how to object, and possibly, the grounds to object. It might be worthwhile suggesting that the neighbour also has an alleyway down the side of his house.
It seems to me that the neighbour is being a bit of a sod thinking he can have it all his own way.

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In what way is he being a bit of a sod for wanting to build to the fullest extent of HIS land? If his proposed build is acceptable to the planners, he is doing nothing wrong. The OP states he wants to stop this build completely - i.e.stop the neighbour extending on his own land. Just who wants it all his own way?

Well you've got a bit of a point there, which is why I suggested the compromise of a neighbouring alleyway rather than block it completely. As to why I suspect the neighbour a bit if a sod, well it could be that he effectively said not to bother contesting it as it'll just sail through.

Wanting to build up to the full extent of the property is fine if it's the end of the garden say, but is it reasonable if it's going to cause your neighbour distress. I'm all for compromise and reasonableness.

Looking at it from the other point of view, if my neighbour wanted to build side facing doors and windows within 76cm of his boundary then I'd be happy with that but the risk is on him that I might then build to my boundary.

When buying houses you've got to be circumspect in the same way, unless you bought it on the understanding that there was some kind of shared use of your neighbours drive?

Doggit said:

I'm all for compromise and reasonableness.

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Absolutely, but it requires both parties to be reasonable and compromise. An over my dead body attitude with zero valid grounds for complaint isn't going to help.

I'll just leave my thoughts from a non-builders perspective.

I was in exactly the same boat, in some extent, to you. However, I had no issue with my neighbours building up to the boundary.
It is their land, and if the planners agree, it is up to them to do what they want. It was a single story extension down the side of our properties. I had a 1 metre wide path they had a 2.3m drive.

But, what I did have an issue with is what they did up to and on the boundary. It seemed that my neighbours were unaware, that the guttering had to be taken into account as part of the wall. Despite telling them this months in advance the builders either hoped I would forget or ignored me. The gutters and eaves should not overhang the boundary.

So the wall, in effect, has to be set back enough to compensate for this. The foundations also should not really go over the boundary line, but as others have said, there are ways to do the foundations that can avoid this anyway. But, if the wall is set back because of the eaves and gutters, the foundations should be OK.

My neighbours ended up reducing the eaves and guttering to the minimum possible. around 15cm. It was a bit of a bodge on their part, but it was up the boundary to the nearest mm.

All I was bothered about is that the boundary line was agreed and that it was not crossed. The boundary was delineated by the edge of their driveway (it was part earth on my side, so no boundary markings). Without accurate measurements, which their builders were not forthcoming with, once this was removed, all visual evidence of the boundary would also disappear. So accurately measuring where the boundary was, was very important.

It was difficult at times as it put a strain on our relationship. The problem was that the builders seemed to hope that they would be able to start the build before I noticed there was an issue, at which point, it would have been too late to do anything.

A party wall notice can apply in this instance, Line of Junction notice. This forces, in some ways, their builders to give details as to what they plan to do on the boundary. I used it as a last resort. It is a flawed piece of legislation but can be the only protection you have.

Your neighbours should be submitting a line of junction notice of building up to or astride the boundary. If they haven't, again, their builders may be relaying on your ignorance, and avoiding doing it.

If they submit plans which show a set-back, taking into account the guttering, you can agree.

If you disagree, a party wall survey is called upon. You can either get a single surveyor to act as an independent third party.

You can also take the extreme step of having your own surveyor each, this is usually overkill on such a simple boundary dispute and the cost can be extortionate.

The person doing the building usually has to bear the cost too.

In the end, asking for the requisite notices, which my neighbours builders had failed to do, sharpened their minds a bit, and after a few tense weeks it turned out OK.

I let the builder put scaffolding on my side. This ensured it was easier for them, They did not have to build overhand so it looked a lot neater. They had to walk through my garden to get to the rear of their property. I had no issue with this even if it did look a mess at times.

As above, it is all about compromise.

They are allowed to build up to the boundary. The only thing you can do is ensure they respect where the boundary is and build in accordance with the regulations.

He has an existing Garage in line with the proposed development. It is tucked back to the rear right portion of his property. It is his intention to knock down that Garage and bring it forward to then join the side of his property.

I'm not just saying it will block light into our kitchen, it will block light into out kitchen and present a wall smack in my face when the door is opened.

That is what I have facing me part way down the side of my property. There is little regulations, as far as I am aware, to restrict what they are doing.

Is the kitchen window on the side of the property only? Or do you have one to the rear? What view do you have now? Is it just the brick wall of his house but 2.3 metres further away than this new wall will be?

Unfortunately, you may have little grounds for protest. Other then ensuring it is set back for the guttering and eaves.

You could ask if the wall facing you can be nicely rendered. This will reduce the feeling of having a brick wall so close. If it is painted white, it will help reflect the light.

If you want professional advice, ask a chartered surveyor, many were happy to consult with me over the phone for general guidance.They were very helpful.

I did not want to get any involved, only as a final final resort.They could be quite costly if things turned sour. One acting for both could cost upwards of £700 as per party wall notice guidelines. Two surveyors acting for each could cost £2000 upwards. You really want to avoid it coming to that.

Things like this can create a lot of tension and your neighbours will be there for a long time probably. You do not want to fall out forever.

I think the angle to take is kindness to begin with. If they proceed I will state the points raised and reference refused applications of the same type. If things further continue then I will submit drawings of my own, building up to the same boundary and effectively making the properties semi-detached, thus devaluing his mortgaged house. Ours was paid for many years ago.

I'd be inclined to just challenge the application, and then politely discuss things with them when they knock on the door to berate you. Bluff and double bluff doesn't always work, and it'll cost you to put in a set of plans which they'll just challenge in return.

Wait to find out what the planning department will allow them, and then sit down and talk it out. Some people just don't want to be reasonable, and will cut off their noses to spite their face, and they may feel that the changes will more than compensate for the change of status to their property, or not even care.

Just stay calm, and keep smiling whatever happens; even if it goes against you.

I agree with doggit. If you protest the actual extension concept. You have to write an objection. Submitting your own plans will do nothing.

You could go on to the council website and look at their design guides for single story side extension. For my area single story up to the boundary is usually permitted. Only two story extensions require 1m+ setback.

What I do not understand in the whole process, is why can he submit drawings out of context of the surroundings and with no indication that the proposed build it right up to the boundary line. We have decided to hire a planning consultant to manage the problem, she as it happens has a passionate hate for the architect and has offered to do the work for NO COST, because she hates him so much!!

It is usually not a good idea, in my opinion, to build an argument/case for something based on personal feelings. Just because she hates the architect it does not mean she will do a good job.

If the architects plans get approved, it gets approved. The architect may have done a perfectly good design (moving a garage is hardly complicated in the scheme of things) and may be well within the regulations. You are contesting it because it blocks your view from the door. It is the planning department you need to discuss this with. Not starting (or getting involved in) personal arguments with their architect.

Making anything "personal" rarely has beneficial consequences.

This is a fairly simple planning disagreement, try not to let it devolve into becoming a permanent disagreement for the rest of the time you live at the property.

You can submit plans for whatever you like- get lucky and your dubious proposal will be waved through. Good luck- do remember you have to live next door to them so keep it professional and reasonable.

EDIT Ha- bit of an echo here