Boundary/planning problem

[reevesie]

Excuse the number of links, they say a pictures tells a thousand words...
We moved in to this house a few months ago. Several years ago the neighbour erected a upvc lean to which was built right on the boundary line with their waste water discharging on our land. We want to build an extension (plans attached) however it has been refused because the nieghbour complained that it would affect the light coming into his kitchen from the lean-to despite the fact his kitchen is double aspect. The chap doing my plans reckon my neighbour/planner has totally stitched me up as he sees no reason why it has been refused. i am appealing but my questions are:
1) can he put the lean to right on the boundary
2) If i inform BC re the waste water will they take action directly
3) is there anything to stop me putting a 1.8 m fence along the fromnt of his lean to?
4) anything else which you can think of to really p*ss my neighbour off!

I dont see anything thats obviously wrong with these plans, after all i've seen this with loads of semi with enough land on the side.

http://img.photobucket.com/albums/v386/reevesie/plan2.jpg
http://img.photobucket.com/albums/v386/reevesie/plan1.jpg
http://img.photobucket.com/albums/v386/reevesie/DCP_0738.jpg
http://img.photobucket.com/albums/v386/reevesie/DCP_0737.jpg
http://img.photobucket.com/albums/v386/reevesie/DCP_0736.jpg
http://img.photobucket.com/albums/v386/reevesie/DCP_0735.jpg
http://img.photobucket.com/albums/v386/reevesie/DCP_0733.jpg

 

[Thermo]

depends how far you want to take it as it can be a real can of worms once you open it up but a few things to consider:-

1: he should not have built any structure within either 0.5 metre or 1 metre (cant remember which but immeterial in this case!)
2: the pipe should not discharge onto your land and it is a technical trespass as it interferes with the enjoyment of your land, and the building inspector would be interested in i would think.
3:you are allowed to erect a fence on the bboundary line up to 2.0 meters high or 1.0 high if it is adjacent to a highway, so you could really screw his natural light
4: the right to light is an aquired right and i think he needs to have lived there for twelve years to aquire this right.

In short you have options, but you could start an all out war, so get proper advice first, speak to the council and a solicitor as well before you start erceting things. Remember anyone can fight a war, but only a fool starts one ill prepared and uncertain of the outcome.

Good luck, keep us updated as its always nice to see hwo irritating bastards like this get there come upance

Thermo

 

[big-all]

bit of a b *gg*r this one

now i dont know the answer
first thing are you absolutly shure were the boundary is!!!
the gutter shouldnt overhang your property either
i think you can errect a fence of six foot six for security reasons

but i would check he may have got written permision for what he has done if you wernt the owner at the time of the alterations [the extension]
or indeed it may be illegal

as i say i dont know any off the answers just trying to put ideas forward

but i agree with thermo do your reserch thoroughly first

 

[BiGDave]

You could plant some small Leylandii on your land, as far as ia am aware.
as long as they are on your land he will be unable to do anything.?

 

[TexMex]

So it's OK for him to build right up to your boundary, but not for you to do anything similar. What barsteward. If you ask me, it's time to send the boys in

 

[masona]

1) can he put the lean to right on the boundary

No, must be a minimum of 1 metre. (fire risk)

2) If i inform BC re the waste water will they take action directly

Yes.

3) is there anything to stop me putting a 1.8 m fence along the fromnt of his lean to?

No, providing it is the boundary line.

4) anything else which you can think of to really p*ss my neighbour off!

Simple really, invite your BC inspector round for a nice cup of tea

You can get a free planning handbook from your BCO for more information

 

[chappers]

I would try talking with him first, however you will not be turned down for planning just because your neighbour objected, the reasons that a planning application can or will be rejected is clearly layed down and he must object under one of these terms.
However it seem you would have a valid case.
Am I right in thinking you want to build your extension where your garage currently stands, if so then his light is already blocked and has been since he built the lean to.
The usual practice also when building conservatories is to use solid panels along any elevation along the boundary.
Before you submit your appeal I would enlist the help of a planning consultant or at the very least an architect with a proven track record of dealing with tricky planning apps.
Does his lean to also have a glass roof.
If all else fails just send the kids to stand down the side of the garage staring into his kitchen all the time or spray f**k off you miserable c**t down the side of your garage so he sees it every morning when he gets up to make a cup of tea

 

[masona]

Am I right in thinking you want to build your extension where your garage currently stands, if so then his light is already blocked and has been since he built the lean to.

Did any of you know that the garage can be built anywhere even it does blocked your neighbour light providing you follow building regs, garage are exempt from planning regs and the reason is that the government want the cars of the road

 

[petewood]

I think that the reason your neighbour has put windows overlooking your property may be because you can build a 'porch' which is exempt from building regs as long as at least three quarters of its roof and half of its walls are made of translucent materials. I think the floor area should not exceed 30m2.
I'm not sure whether the 1m from boundary rule applies here, I think that to a certain extent it depends on what materials are used in the construction, and their fire rating.
The drainage thing sounds well out of order, can you re-route the guttering from your house roof, over your new extension so that it falls into his garden?

 

[Thermo]

a porch is limited to 3m2 not thirty and the planning rules apply with regards to the distance form a boundry line even if the construction is exempt from building regs. that thing is more than 3m2

 

[masona]

I'm not sure whether the 1m from boundary rule applies here, I think that to a certain extent it depends on what materials are used in the construction, and their fire rating.

Yes you're right, I was referring to the picture as it's less than 1 metre therefore should have a wall so in theory the BCO can ask them to take it down.

Building Regulations,

If a conservatory does not require Building Regulation approval and the conservatory is situated within 1m of the boundary, then the wall of the conservatory adjacent of the boundary should be constructed of materials with limited combustibility which meet fire regulations to approved document B of the Building Regulations 1992.

 

[reevesie]

Thaks guys for your comments. I have just had the reasons for refusal..very non specific 1) unsympathetic design and roof structure 2) would overshadow the neighbouring property. I am surprised by point 2 especially on the plans you can see the dotted outline of the detached garage and the shed both with pitched roofs. Furthermore we both have south facing gardens so i dont see how we are going to affect his light.

The BC over the phone said this strucutre is exempt and therefore a civil matter in relation to waste water discharge. I am not sure so i am going to phone a different council for their opinion.

Had a (ahhem!!) polite discussion with the niehgbour about his lean-to, he replaced an original wooden structure with the UPVC one 8 years ago. Maintains that there wasnt a fence there and he is merley replacing like for like. I havn't spoken to him yeat about the waste water, i'll save that one for later!

I am going to appeal, seems to me he is making unreasonable demands for light from my property because of that lean-to. I need to be certain that his lean-to is either planning/bc exempt for me to have any leverage.

what do you think, is my extension an abomination that would cut out all sunlight for human civilisation? i may decide to put a shark in the roof like that guy in croydon!

 

[lolly]

Hi,
Just looking at your reasons for refusal. I live in a bungalow and there used to be a 1 bed next door to me. Planning was given 3 years ago and now it is a monstrosity. It is mansard roofed,beamed (fake) and rendered mess. It overshadows my bungalow and it overhangs my bungalow at the back by about 5 foot. As you can imagine, i have lost a lot of my natural light and over the past 3 years it has made me extremely ill.
It is actually about 12 foot higher than my roofline, doesnt mix in with the surrounding neighbourhood, and the roofline runs the other way to my bungalow. I wish my council were as fussy when they approved this next door to me. I really didnt realise the impact this would have on my life. Gradually i suppose i will have to get used to it, but if i wond the lottery tomorrow i would pay to have the thing destroyed for the sake of my neighbours!
Rant Over!
Lorraine

 

[masona]

Didn't they sent you the paper work of the plan for you to object?

When I've put in my drawing plans, at least 8 neighbours surrounding my property can object to my drawing plan.

 

[lolly]

Hi,
Yes, we were all sent a letter, and could have looked at the plans at the council offices.
I did see the plan shown to me by my new neighbour, and although i didnt like the style ii really didnt think it would be that high, or look so,so out of place.
When i spoke to planning about it, they said to me that even if i object to the style of the building that doesnt mean it would have been refused.They said it would need 3 objections and only then would it go to a committee to decide.
Obviously its too late now, the damage has been done. If i were to show a before and after photo you would be amazed. It must have been a backhander at the council, it sticks out like a sore thumb. When i queried that it would block the light in my bedroom windows at the back of my bungalow, their reply was 'you have to be living in your place for 22 years before right of light rights apply'!
No way were the council sympathetic and i feel for anybody that is put in my position. Needless to say the new neighbours have since moved (after making a few bucks) and moved onto their next victims.
Regards
Lorraine