Existing Planning Permission - New Neighbours

[machineage]

Hi all

I had planning permission granted last year for a single storey extension to my property which reaches to the boundary fence with my neighbour. My current neighbours who I get on with very well were supportive of the application and it was all passed without any issues. I have as yet to start any work - I'm still saving! However my neighbours are now moving away

I wonder if anyone could advise with regards notifying interested parties of the approved planning permission? I'm not sure if I read somewhere that the vendor / estate agents are obliged to inform prospective buyers of the planning permission that's in place? I am just a tad concerned if the new owners were not informed and when I start any works that they may object? Also I have not as yet done anything about the party wall act which I think may come into play with the plans. Could the new neighbours disagree with the party wall permission request and stop the work going ahead?

Worried

 

[tony1851]

!. A planning permission is final. Full stop. No-one can stop it being implemented.

2. As regards the PWA, your new neighbours can insist on a surveyor - at your expense - if they are so minded, but they cannot stop you doing the work.

 

[freddiemercurystwin]

Assuming they used a solicitor then it would have come up on the search so they should be aware. If they're awkward then they can make things more tricky/expensive. So best get round there with a bottle when they move in and hope they're not the neighbours from hell.

 

[cjard]

Finish the party wall related works before the new neighbours arrive - footings I dare say. Can do that in a week

 

[machineage]

It was watching the first in the new series of Neighbours From Hell that prompted my fears

I was concerned about a sale going through without the new occupiers having any knowledge of the planning permission - for which as neighbours they would quite rightly have an opportunity to comment on.

Regards the PWA - here is the element of the planning concerned. There is an existing 10ft high brick boundary wall that runs across the rear of my property - and continues along to form the rear garden wall of my neighbours property. The new wall to be constructed will abutt the existing timber boundary / dividing fence. The nearest element of my neighbours property is shown also - it being a single storey garage. Can anyone advise as to how the PWA will come into play here?

Thanks!

Untitled

• machineage
• 1 Apr 2015
• 1

 

[noseall]

The shared fence will need to be taken down. You will also need to work on your neighbours property including scaffolding or trestles etc. You may affect any drains that run close to the boundary wall foundations.

 

[machineage]

Thanks

What happens I wonder when neighbours refuse all access to their property?

 

[freddiemercurystwin]

Be careful when you build that wall along the boundary that your fascia etc does not overhang the boundary. That would normally dictate a gap in itself. In theory you can build overhand from above/inside though its more fiddly.

 

[machineage]

Thanks

Indeed the intention was that all elements of that elevation would fall within the envelope of my property with no overhang.

I have just downloaded & am reading the Part Wall Act booklet - quite a read! It states that if an award has been given to the proposer for the works then the neighbour has to give access to their property and it is illegal for them not to do so - I didn't know that!

It is an offence, which can be prosecuted in the magistrates' court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.

If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.

You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.

That particular wall which will sit up against the timber fence will be single story.

 

[freddiemercurystwin]

Yes but prosecutions are a distant thought and £0000s would have to have already been poured down the drain on surveyors to get to that point so forget about that, Concentrate on whether you actually need a PWA and how economically it can be implemented.

Have a trawl through the last few months of posts in the Building Regs section on here, there are a couple of useful threads about implementing the PWA.

 

[machineage]

Thanks Freddy

I guess I am wanting to be up to speed with regards to all eventualities. Of course I am hoping the new neighbours will be every bit as lovely as my current neighbours - but real life dictates this will not always be the case.

I will do some searching of the forum. In my initial post I was wondering whether the works would fall under the PWA - I need to ascertain that first & foremost.

 

[jeds]

Thanks

Indeed the intention was that all elements of that elevation would fall within the envelope of my property with no overhang.

I have just downloaded & am reading the Part Wall Act booklet - quite a read! It states that if an award has been given to the proposer for the works then the neighbour has to give access to their property and it is illegal for them not to do so - I didn't know that!

It is an offence, which can be prosecuted in the magistrates' court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.

If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.

You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.

That particular wall which will sit up against the timber fence will be single story.

It's not as straightforward as that. The act gives certain rights to enter adjoining premises for certain reasons. Unfortunately, building an extension is not one of them. To be clear, the party Wall Act does not give you right to enter an adjoining garden in order to build your extension. I know it sounds like it does but it doesn't. cjard gave the best advice. Get the PWA works done before your neighbour moves. Certainly the foundation but preferably the wall as well.

 

[machineage]

OK - Understood.

If the PWA is agreed with my current neighbour - would that then follow through to the new occupier - or would I have to start all over again with a new application?

Thanks

 

[jeds]

Good question. The act specifies what should happen if the building owner changes (the award would be void) but not if the adjoining owner changes. However, it is very widely accepted that an award is binding on the new adjoining owner. It is part of the conveyance sales particulars and a new owner must be informed of the award so they would be in no doubt of your intention to build. If you can get an award finalised before your neighbours move that would be a good solution.