Neighbours extension and soak away drainage system

[lisap]

We have just received plans of the adjoining neighbours plans to put in single storey extension to rear of property. The issue we have is that they want to go up yo their boundary but we have a soak away drain system at the back. All other extension on our road ( including ours, done before we moved in) dont got to boundary. I assumed this was due to soak away. Is this an issue we should bring up with planners?
Also it say there is no need to move hedge or fences on the tick sheet sent with it but their hedge, definetly, and our fence I'm sure will be in the way for foundation.
Also worried ( I worry a lot!) that our patio is higher than their garden and the
Gravel boards, under fence hold it all in! If they take it down for their works what about damage to ours? boundaries are another issue as we only have hedges no fences, so any tips on sorting boundaries would also help!
I will add that due to boundary disputes and late night DIY disputes we have had with them over the last 12 years we no longer speak to the. This has helped my stress and subsequent health but we are not in position to have discussions with them as they are unable to understand simple things! ( eg that the gutter marked the mid point between the houses, count the bricks you will see, not the side of our extension!)
Sorry so much too say, but very stressed lady who would rather be looking after her two babies than fighting a battle!

Thanks for you time lisa

 

[^woody^]

Most of what you describe are technical issues, and not really planning issues. It won't matter about the hedge, and any damage to gravel boards or whatever is not a planning concern.

By all means raise those concerns, but you may want to concentrate on how the extension will affect your use of your property, such as, light, privacy etc

 

[lisap]

It won't effect light or privacy etc. it's more concern about crossing the boundaries and damage that might be caused. Also main thing is the soak away, does that need the space at the side where the drainage Pipe goes? Is that a planning issue? Who does look at proximity to others propery etc?
Thanks for time
Lisa

 

[luisdesign]

The concerns you have would be the realm of the Party Wall Act. Your neighbours should notify you under the act when they want to physically start works. If they do not then you will want to take action immediately so that they are stopped. You will need a solicitor, but under the Act, the person instigating the works (your neighbour) would pay for both their own and yours (which can be the same person).

However, like Woody said, your concerns won't affect a planning decision as they are not things dealt with by planning.

 

[noseall]

When you say soakaway are you referring to the drain pipe or the actual collection pit?

 

[lisap]

I think the pit will be out the way but not sure what happens with pipe until it gets to the pit. Not really sure how it all works just that all other extensions down the road have avoided the boundary and I assumed this was because of drainage system an how it works.

 

[lisap]

The concerns you have would be the realm of the Party Wall Act. Your neighbours should notify you under the act when they want to physically start works. If they do not then you will want to take action immediately so that they are stopped. You will need a solicitor, but under the Act, the person instigating the works (your neighbour) would pay for both their own and yours (which can be the same person).

However, like Woody said, your concerns won't affect a planning decision as they are not things dealt with by planning.

So you agree to planning but then argue points after?!

 

[maltaron]

If you want to build within 3 metres of a foul drain its a planning issue, it will certainly be a planning condition. What is the difference with a storm drain.

 

[noseall]

If you want to build within 3 metres of a foul drain its a planning issue, it will certainly be a planning condition. What is the difference with a storm drain.

Building within 3m of a drain is not a planning issue.

There may or may not be issues with the water company but that's about it.

If the foundations of a building are close enough to any drain pipe (foul or storm) then building control (not planning) will expect the foundations to be deeper than the drain invert or expect the buildings' foundations to be designed so that they have no effect on the drain pipes.

 

[luisdesign]

The concerns
So you agree to planning but then argue points after?!

Well, you can still raise a concern at planning stage, but you will only be able to have the application refused (or amended) if you can demonstrate that it will adversely affect your amenities such as your quality of light, right to privacy etc. or potentially because the extension would be out of character (you say others in the street are not full width).

It may be worthy raising such concerns to the planning officer. They will assess your concerns and may ask your neighbour to pull the extension away from the boundary.

However, if it does get approved to be built on the boundary then it is not the end of the world because the Party Wall Act will cover your interests anyway.

You should note that the party wall act cannot prevent the development from eventually getting built - but it ensures that the works do not adversely affect you or your property. It is this that arranges things like access on to or via your land (and any due compensation for the privelage) as well as ensuring that your neighbours cover the cost of any remedial or repair work necessary to your property as a result of any damage their builders may have caused.

Take a look at THIS - and the link to the explanatory booklet at the bottom of the page.

 

[lisap]

The concerns
So you agree to planning but then argue points after?!

Well, you can still raise a concern at planning stage, but you will only be able to have the application refused (or amended) if you can demonstrate that it will adversely affect your amenities such as your quality of light, right to privacy etc. or potentially because the extension would be out of character (you say others in the street are not full width).

It may be worthy raising such concerns to the planning officer. They will assess your concerns and may ask your neighbour to pull the extension away from the boundary.

However, if it does get approved to be built on the boundary then it is not the end of the world because the Party Wall Act will cover your interests anyway.

You should note that the party wall act cannot prevent the development from eventually getting built - but it ensures that the works do not adversely affect you or your property. It is this that arranges things like access on to or via your land (and any due compensation for the privelage) as well as ensuring that your neighbours cover the cost of any remedial or repair work necessary to your property as a result of any damage their builders may have caused.

Take a look at THIS - and the link to the explanatory booklet at the bottom of the page.

thanks for this. it all seems a bit clearer now! we are going to put our concerns in writting to the planners so they have all our concerns and say to pass on to relevant bodies if necessary (they probably wont. but it means we have our say and in writting!) We are not opposed to building just want to make sure we are not affected and left out of pocket putting things right, or more so losing some garden as there are no boundary markings. (infact we would like then to make it bigger so we dont have to listen to them on the patio!! ) also the man of the house is a slow, antisocial hours DIYer and I just know they will have the minimum done by proffessionals and he will be doing the rest late at night weekends for the next few years! It would be good to know if time restraints could have been added!

 

[lisap]

just and interesting point; can you bring up the point about it being out of character as its on the back? Just interested really, wouldn't argue this as we might want to do something out of character one day

 

[jeds]

Deep breath Lisa, kettle on, feet up, try to think positive thoughts. If you start to feel stressy put Spongebob on.

 

[luisdesign]

just and interesting point; can you bring up the point about it being out of character as its on the back? Just interested really, wouldn't argue this as we might want to do something out of character one day

You can, but it may or may not be applicable. Remember that whilst a rear extension may not be visible from the front of a property, it may be visible from the rear, or side - ie, from the end of a run of terraces or from public or private land (rear neighbours).

Some authorities are keen to protect character wherever a development occurs, whilst others are only interested in the street presence / character.

It is one of those subjective policies that can sometimes be impossible to cater for! It alone would likely not be a strong enough reason to refuse an application (depending on the design), but it might be added on to a list of other reasons in order to present a stronger refusal.

 

[lisap]

Deep breath Lisa, kettle on, feet up, try to think positive thoughts. If you start to feel stressy put Spongebob on.

Thanks for this! i will remember this through the build! mind you i might go deranged by the amount of spongebob i might have to watch though