Neighbours extension over allowed eaves height .

[mustar]

Can anyone please give me some advice , my aunts next door neighbour has started a 6 metre extension on a mid terrace house - she says she did not receive any letters even though from what I have read she should have been notified due to the size.

Now the builders have started and she is getting worried , I was able to find out from the neighbour on the other side ( who
did not object due to hers being a council house ) the plans are for a 6 metre deep - height 3.8 , eaves 2.8m single storey extension .

The extension is massive taking the full width of the house and running 6 metres into the garden - The walls they have built look to be over 3 metres from her floor and is only around 10" away from my aunts boundary line - is this allowed as I thought it is restricted ? if they stated the eaves are 2,8 would the height of the side walls be less or more than this ? She has a 1.8metre fence between the properties but the wall is more than an metre higher .

She has lost all the views looking right and instead of views of trees in the other gardens running down the road it is now just a brick wall and
the gable roof is not on yet .

Is there anything she can do or is it too late ?

 

[SpecialK]

I'm sure anything over 3m deep would require planning on a mid terraced house? Check the planning website to see if they have permission...

 

[mustar]

Thanks there is planning for a 6 metre extension which I found out after they started building when I mentioned it to the neighbour and they said to look online - my aunt did no receive any letters .

From what I can gather as no dispute was raised the plans were put through , on the plans online it is just a overhead view of the land with the dimension mentioned .

Is there any restrictions on the height without planning permission if it is built within 2 metres of a boundary wall ? The wall being built is around 3 metres and runs around a 6 inches from the boundary line this is without the roof of guttering which must overhang the bounday line .

It is is mid terrace with a shared access alleyway which runs between the houses , my aunts is an end terrace.

 

[^woody^]

Check with the council if there has been an application for a larger home extension. If there has been, the details will be there, as will details of any consultation carried out. If no application, inform the planners.

 

[SpecialK]

If they have planning then there is probably not much you can do.
Go through the planning online - there is normally a section that tells you the build height....

 

[mustar]

Thanks been able to find the plan online by searching the postcode , spoke to the builder and he said the wall is 2.5 metres from the ground level which will run to the house meeting at the kitchens ceiling height with the centre part of the gable 3.4metres . He said there was no need for planning permission as it went through as PD with no neighbours objecting at the time as it is within the permitted allowed size.

When I mentioned that the view was now gone he said a right to view is not a valid reason to object and as it is 2.5 metres it wont restrict any light as the sun rises from the other side of the house .

Does this sound right ?

 

[mustar]

This is from a letter from the planning site .


" With reference to the above notification, I hereby confirm that Birmingham City Council as Local Planning Authority, has decided that no prior approval is required. The works proposed are therefore permitted development, subject to the materials used in any exterior work (other than materials used in the construction of a conservatory) being of a similar visual appearance to those used in the exterior of the existing dwelling house."

 

[freddiemercurystwin]

Generally speaking with regards to planning there is no 'right to a view'.

 

[^woody^]

Generally speaking with regards to planning there is no 'right to a view'.

The view is amenity, which is a valid planning consideration when a formal application is made and assessed

The thing is, if this extension is PD it's already approved whether it affects the neighbours amenity or not

 

[SpecialK]

Would a 6m extension on a mid terraced house be PD? I thought it was 3m for PD?

 

[mustar]

I was told it was 3m with no PD but 6 metre with PD but as mentioned my aunt did not get any notification to ask / make a dispute . It was only when the builders started to dig up the ground that she was aware that an extension was being built .

Not too sure how the other neighbour on the other side feels as they have had all the sunlight blocked from entering their kitchen and the wall built on the boundary line - they are currently on holiday and will get a shock when they are back - her fence is now 2.5 metre wall .

Out of interest if it was a 3 metre extension without PD would they have been able to build to the same height ?

 

[martygturner]

PD is planning permission...its just granted to us by parliament rather than a council, without PD then its up to the council planning regulations mostly although the planning inspectorate is generally on the side of the developer and especially on the side of the homeowner, they have the attitude that the owner has the right to develop, strangely they are the enforcers of all that green legislation...better to redevelop to suit modern needs than demolish and start again, less carbon, use of space etc etc...see any new dense pack housing estate.

As for height thats a given under building regs, its not really a planning issue, you need a minimum headroom to the ceiling...about 2.4m so that's 2.5 wall height given the floor needs to be 100mm thick. ....so if you allow the structure then you allow the height.....

 

[^woody^]

Its PD. It went through the larger home extension scheme, no objections, not called in, so it's PD.

PD.

Permitted.

Lawful.

Allowed.

Authorised.

Granted.

End of.

 

[freddiemercurystwin]

Unless the builder or someone else is telling porkies about the existing ground level.

 

[mustar]

Thanks for the comments , I think the issue is that my aunts garden drops down around 2 metres when compared to the next doors neighbours so the 2.5 metre height is actually 4 metres from her garden .