Neighbour's Planning Surprise

[DIYBlues]

We got a letter from the Council as our neighbour has applied to build a new garage attached to his property, amongst other changes which don't affect me.

The Planning Office advised our neighbour at pre-application that the plan was unlikely to be approved because it is overwhelming and cramps our property and our property amenity. He visited our property and confirmed this opinion and asked our neighbour to amend/remove the garage but our neighbour refused and will go to appeal.

I apologise for not attaching any plans or pictures as I'm computer illiterate but please bear with me, while I try to explain my concerns and give me any advice on making an objection or preparing for the worst: a Party Wall Award.

My neighbour and I live in detached bungalows.The front of their house faces the road, but my house is at a right angle to the road because the developer had a long, narrow plot going spare! This means that my kitchen and one bedroom face my neighbour's front garden .The driveway to my bungalow runs between my kitchen wall and boundary fence to a detached double garage.

1,This garage shares a wall ( two brick deep at the boundary) and a flat roof with the neighbour's double garage which drains to separate gutters/downloads to the rest of the property.The neighbour's garage was built detached from the side wall of their house by an open passageway to access their back garden.Our current neighbour enclosed this passageway when they moved in three years ago, attaching their garage ( and ours) to their house , making a utility area.Part of the roof of the bungalow was extended so that it design into our shared flat roof.
Did they need planning permission? It didn't bother us at the time but now we are it could be a 'Seth's for further development.

2,The proposed double garage would be built in front of the existing garage from their bungalow wall right to the property boundary. It will be approximately 5 meters wide by 5 meters long and 2.8 meters high from our ground level.It will have a flat roof. The plans do not show how this will attach to the existing shared garage roof , the pitch or how the rainwater drainage will work. I say that the height of the garage will be 2.8 meters at our ground level because their land is approximately 40cm higher than ours at our current garage door and is retained by a wall two-year brick feel which the neighbour's plan suggest they will use half of to build their new garage wall off.

I know nothing about building and I'm worried that this would have structural implications for my garage foundations and roof and my retaining wall.
I know that people will say " be a good neighbour, let them do what they want to do on their property" but I also know that they have broken planning rules twice already, employed cheap builders they were unhappy with and I don't even want to think about building regs!

Sorry this is such a long rant but if you're still with me and have any advice on protecting my property it will be gratefully received.

 

[freddiemercurystwin]

So has the planning application been approved? Or is it still being decided? Some pics of the plans would really help tbh.

 

[DIYBlues]

Hi,Freddie:
Sorry, I'm feeling "under pressure" and I'm really stupid with computers plus I don't want to give too much away because of the stage we're at.

The Planning application is still in the 21 day period for neighbours and public to comment but the Planning Officer has told our neighbours that he won't approve it and they have told him that they will appeal!

We've got a week left to make an objection and will probably do so because our neighbours have not kept us informed and think they can do whatever they like.An objection will keep us in the loop.

I think I've got "flat roof phobia" because my parents always used to get about their flat roof leaking.

 

[^woody^]

Pictures or bullet points would help.

In the meantime, planning permission has nothing to do with anything else but the impact (visual) or amenity (use, enjoyment) of a property.

The structural or technical or legal aspects of building the thing won't be considered.

Any objections must be made on this basis.

 

[freddiemercurystwin]

Let's see if this is the gist:

 

[DIYBlues]

Let's see if this is the gist:

View attachment 282445

Better than I could do by far!
Just attach the proposed garage to the neighbour's wall and bring my house forward so that my back wall is six feet forward of my garage.My Windows are in the centre of my bungalow.
Cheers.

 

[DIYBlues]

Pictures or bullet points would help.

In the meantime, planning permission has nothing to do with anything else but the impact (visual) or amenity (use, enjoyment) of a property.

The structural or technical or legal aspects of building the thing won't be considered.

Any objections must be made on this basis.

Ta, Woody.
Yes, I guess I'm just thinking two steps ahead because my neighbour is going to appeal.
He's got a back garden much bigger than ours and could easily build at the back without affecting us but I think he's decided that his front drive is already being used to park his cars anyway and he doesn't want to lose his Barbeque area
Also, I'm thinking that the next step will be for him to get change of use for his existing garage and extend his existing pitched roof over it.Otherwise, it's an expensive way to store boxes.Gives him something to do.

Bullet points:
can you attach a detached garage to your dwelling by enclosing an open passage without planning permission?

If my neighbour doubles the size of his garage, which shares walls and flat roof with mine, what do I need to consider?

My neighbour's drive is higher than mine and slopes where he wants to build his garage.How might this affect my retaining wall?

 

[^woody^]

A planning application is assessed against the council's local planning policy and any supplementary guidelines. Read them.

You can only object to an application if it materially affects your use or enjoyment of your property, not what may or may not happen with the neighbour's subsequent building, or why a garage is built in a certain place. So you form any objections based on [any contravention of] the council's policies and the impact on you.

The technical aspects of building and potential impact on your property are dealt with under common law - ie the neighbour can build as long as damage is not caused, and if it is he will be responsible to put it right. Building Regulations look after the neighbour, not necessarily your interests - other than that the building is built to a safe standard

The Party Wall Act deals with how some work is carried out. This Act, if it applies with give the neighbour certain rights to do certain things in a certain way - including building onto or against your property - even building from your side of the boundary. You can't stop these things from happening, but you can be protected in how the building work is carried out.

 

[mrrusty]

If he detaches it from his existing, and its 5m x 5m and under 2.5m from his ground level, and it was a separate outbuilding he could build it under permitted development right up to the boundary, provided it is in substantially non combustible materials - no PP needed. It's not in front of the building line, and I guess not in a conservation area.

 

[DIYBlues]

If he detaches it from his existing, and its 5m x 5m and under 2.5m from his ground level, and it was a separate outbuilding he could build it under permitted development right up to the boundary, provided it is in substantially non combustible materials - no PP needed. It's not in front of the building line, and I guess not in a conservation area.

Luckily he wrapped it up with a pp for an extension to the front of the property which did require pp. Funnily enough, that will abut a "porch" he built on the front which is 3 meters square ( 9 square meters), not 3 square meters with no pp, guess someone read the rules wrong.

 

[DIYBlues]

Neighbour took planning permission refusal to appeal and won, so garage it is! We only found out by checking the web ourselves, the appeals officer didn't know if care that we had objected.

Anyway...

The plans show them building to the borderline but they've told the appeals officer that they will build about a foot within the border.

I doubt he even knows that the Party Wall Act exists and probably thinks it let's him off, anyway.

There is a retaining wall at part the boundary, varying in height from 1 to 2 feet in height. It was built by the original builders in the 1970's , the neighbour's property being higher in a natural slope. It is a double, standard brick construction, the topmost layer
being turned sideways and stood one brick high in his side although he has replaced his drive and it no longer stands proud.

The retaining wall is only visible from our driveway and is in poor condition from damp/weathering.

According to our deeds, we have responsibility for maintaining the fence along that border but are we fully responsible for the retaining wall. We don't want any comeback for problems with his build. To be honest, if he hadn't been so unpleasant about it, we would happily pay what's necessary, but if he builds to the boundary, he may be utilising and/or impacting the retaining wall

Questions:

What if he starts the work without a Party Wall Agreement?

Are we liable for the retaining wall because we have the lower land?

Do we have to give him access to our land/ remove our fence to do the work?I

Anything else which is useful.

Thanks.

 

[Koolpc]

If it were me, i would be seeking professional advice. Might be worth doing that now before work commences so that you know your rights etc...

 

[DIYBlues]

Looks like we've got "property infringement" and "property damage" legal cover on our insurance, maybe we'll look into that.

 

[^woody^]

What if he starts the work without a Party Wall Agreement?

Are we liable for the retaining wall because we have the lower land?

Do we have to give him access to our land/ remove our fence to do the work?I

1. You could seek an injunction
2. No
3. Yes if Party Wall Award says so. No if not.

 

[DIYBlues]

Ta, Woody:
1 . only if they trespass/damage.

2.Seems to depend on who benefited from the original excavation 50 years ago. Possibly both as on natural slope?

3. Good !

What really gets my host is that we're getting older and have health issues and we may need to move in the next couple of years and I'm concerned that we'd have to declare a neighbour dispute.