Neighbours Plans are right to the Edge of Boundry

What a lot of people don't realise, is that you can even submit plans for a property that you don't own, and the council will view them objectively, and then pass them if acceptable (odd idea, I know) - then you can go and try and purchase the property afterwards if you so choose. The council don't worry about disputes between neighbours, only if the planning application will fit in to the surrounding properties. The neighbour has every right to submit any plans that he likes, but that doesn't mean that he'll get them passed. But whilst it isn't a good idea for your planning consultant to hate the architect, at least she'll have more experience than you do, so just keep an eye on what she's doing, and let us know how things progress. You can post a link to the application if you want and further comments.

Just a thought, but there is now legislation about disabled access - from what you describe, this would stop any access to your door with a wheelchair if I've understood you correctly about the distances involved. I don't know if there is any mileage in this, but maybe worth looking at. I do know with a new build house you have to allow for it (even if your fully able bodied at the time of the build - sensible in many ways actually), so may be just worth asking the planning department?

I don't see how it would stop access if the neighbour was building up to the existing boundary. There is no more access now then there will be when the garage is built up the boundary.

It seems OP is just upset that there will be a brick wall closer to the door but still on their neighbours land, blocking the view of the current brick wall which is a bit further away.

I would ask, if the neighbour built a 2m high fence on the boundary, which they legally would be able to do. Would there be an issue. Would the neighbour complain that their view was blocked by a fence? Probably not. The issue seems to be that the neighbour is building a wall, up to the boundary but on their land, blocking the OPs view and a bit of light.

Any update? Is the garage approved? Is it built? Did it come to fisticuffs and a stint on Channel 5 neighbours from hell?

Do tell!

Wired Circuit said:

This is a great deal more helpful, thank you for the not obstructive comments of assistance. It is difficult to build an objection when you do not know how to object with meaning.

1. Light will be obstructed into Kitchen. Which has been there since the build x years ago and since moving into the build x year ago.
2. Check planning application carefully to the cm and enquire or oppose if there has been no provision for drainage gutters.
3. Check with 'someone' about underground drainage or/and services where is runs to service the two properties?

Anything else anyone can think of? I should also mention that mum has a degenerative muscle disorder, which may make access difficult in later life. Not sure if this counts for anything?

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I stopped my neighbor from building his extension less than a meter from the boundary, as I followed the same rule, mine was build first and I was told to keep it 1 meter away from the boundary wall (fence) but when my neighbor wanted to build his extension, he brought it so close to boundary (300mm) and when the trenches were being dug, I asked the builders what the heck is going in there? they said foundations and I said No way, the neighbor agreed and asked the builders to move 1 meter back from boundary.

I am sure there is a planning rule which stops anyone building too close to obstruct lighting, so now we have at least 2 meters gap between the two extensions, however, this rule applies to one side of the boundary, as the other side my extension is smack in the middle of the boundary where my other neighbor can build his extension using my wall, as he agreed and allowed me to use a bit of his land as the wall would be common, so by giving me permission, I had to undertake that he can also build his extension and use my wall which stands half in his property. A fence is a lame excuse because a fence is never allowed to be any higher than 2 meters, so whilst a single story extension is going to be around 3m so it will sure disrupt your light.

You might not be able to use the access for your mother later on in the years since you have 76cm land of your own, and you cannot trespass on his land unless this was a common pathway before for access to garages at the back.

a boundary dispute might be an option. have a look at the plans, take measurements and see if there are options to argue the extension will exceed the boundary. Take care these things can get expensive. He'll also need to issue party wall notices building so close to your house.

Mikefromlondon said:

I stopped my neighbor from building his extension ......

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Was that a two storey extension mike?

In my area I know that the council do not let you build 2 storey extension up to the boundary (or frown up on it in most instances). They require a setback of around 1m, which sound similar to your example. To avoid eaves overhang of any kind, there would usually have to be a set back anyway, unless it was agreed.

I think the OP is talking about a single storey garage either flat roofed or pitched. My point about the fence was that in this instance the wall of a single storey garage wall may not be much higher than the maximum 2m fence. My neighbours garage certainly isn't.

Also the OP never answered the question about what light was being blocked to where. The extension is down the side of the property. I asked was kitchen window to the rear or the side and they did not answer. I do not think standing at the door counts as "right to light" .

But, we shall see, it has been 1 month so I was just interested if there was a development....but alas....most of these threads just go quiet.

I built my extension within about 4 inches from the boundary. planning allows it when it's single story and there is existing buildings there.

only difference was that their buildings weren't as close.

i served all the correct party wall notices.

May seem a daft question but do they have access (over their own property) to their back of the building/garden?
How do you access the back of your building?

It's in my my mind that the access way should be a minimum of 900mm (or is it 1200mm). How do presently reach the bargeboards and sofits on your premises.
Is there rights of way in the deeds? Are you allowed to use their property for access?

Get your deeds and check what is documented.

you don't need a right in your deeds you have a statutory one

http://www.legislation.gov.uk/ukpga/1992/23/contents

obviously it's down to you if it means expensive scaffolding or cherry pickers.

To an extent - answering some of my questions....

From the Wrexham website

http://www.wrexham.gov.uk/english/planning_portal/lpg_notes/lpg20.htm
Side extensions - specific guidelines

Where the property stands in a line of detached/semi detached dwellings and the extension would fill in the gap, there is a risk that the extension will create a terraced appearance. This is not always in the interests of maintaining the character of the street, and, in the interests of visual amenity, should be avoided. One way of maintaining a visual break would be to set back the extension behind the front of the dwelling by a metre to create a clear break.

The following criteria should be met:

• a pitched roof will normally be essential. The roof of the proposed extension should match the original in terms of pitch and shape. The ridge line should either follow, or be lower than the original dwelling;
• to allow for maintenance and access, it is recommended that a distance of 1m be left between the extension and the side boundary.

Great care is needed in the design of extensions on corner plots, which often provide an open appearance and greenery, and are prominent from both streets. The following criteria for corner plots should be met:

• the width of the extension should not be more than half the width of the original frontage of the property;
• the width of the extension should not be more than half the width of the garden/plot between the property and adjacent highway;

On side plots there can be problems in incorporating the minimum parking standards. Where proposals involve access, garages or car ports, the following criteria should be met:

• garages and carports should have a driveway at least 5.5m clear of the highway. If the garden is not deep enough to provide a 5.5m driveway the garage must be set back from the main front wall to provide this minimum driveway length;

where existing parking spaces are lost as a result of an extension and this would cause road safety or congestion problems, replacement spaces must be provided.

I think the key word is recommended. It is up to the home owner as to what they feel may or may not cause them inconvenience in terms of access. But, if they want to build up the the boundary for a single story, they can.

Only if it is a double story extension does planning actually stipulate (there may be variation by area or case by case) that there has/should to be a set-back of 1m.

As I said, my neighbours built up to the boundary (single storey). I made them fully aware that they could not expect access through our garden for ongoing maintenance to the rear of their house. They understood this. Their window cleaners now need to traipse through the house to clean the rear of the property.

dishman said:

Was that a two storey extension mike?

In my area I know that the council do not let you build 2 storey extension up to the boundary (or frown up on it in most instances). They require a setback of around 1m, which sound similar to your example. To avoid eaves overhang of any kind, there would usually have to be a set back anyway, unless it was agreed.

I think the OP is talking about a single storey garage either flat roofed or pitched. My point about the fence was that in this instance the wall of a single storey garage wall may not be much higher than the maximum 2m fence. My neighbours garage certainly isn't.

Also the OP never answered the question about what light was being blocked to where. The extension is down the side of the property. I asked was kitchen window to the rear or the side and they did not answer. I do not think standing at the door counts as "right to light" .

But, we shall see, it has been 1 month so I was just interested if there was a development....but alas....most of these threads just go quiet.

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No it was a single story extension, but when i wanted to build my extension all the way across, the Architect said I cannot go within 1 m of a boundary wall if there was already a structure build on the neighbors land where my building would block his light, so it was decided that instead of going across all the way from one side to the other, we could go 1m short in width and go a little longer in length to make up for floor area being covered. So in the same manner I was able to convince my neighbor who did not put up any objection to my request and ordered his builders to leave meter wide gap, it was a mutual understanding and better for both of us, as he also has windows on his side and so do i, being so close to boundary would have meant that our light would have been reduced. If had he opposed then of course the matter would have gone as far as the council, and would they have stopped him building his extension this close I cannot tell, however my Architect told me clearly that it would not be allowed to build all the way across, rules may have changed since 1992.