Hi,
We recently bought our first house.During purchase, we were aware of a new house being built next door and we did check on the approved plans. We do not share party wall with the new building but our gardens are adjacent. However, now the building is built larger than approved; exceeding our property 3m further at the back than it was on the plans. This constitutes about 25-30% of the total building at the moment. Building enforcement has now sent us a notice that the owners will submit a new planning application or section 73 minor material amendment and we will be able comment on it. This 3m extension is overshadowing our garden more than we expected. Building enforcement says they will decide on the application on its own merits, irrespective of it being retrospective.
Any advice on this situation please? Is this worth pursuing or do the council generally allow such larger developments? The building is completed externally already.
Because our purchasing decision was based on the approved plans by the council, what happens if they change these plans now? Can I take the council to court or make a complaint to local government ombudsman?
Can I at least demand the current extension should be considered within the permitted development rights to prevent further extensions?
Should I seek legal advice at this stage or contact a surveyor?
Thanks for all the input in advance.
We recently bought our first house.During purchase, we were aware of a new house being built next door and we did check on the approved plans. We do not share party wall with the new building but our gardens are adjacent. However, now the building is built larger than approved; exceeding our property 3m further at the back than it was on the plans. This constitutes about 25-30% of the total building at the moment. Building enforcement has now sent us a notice that the owners will submit a new planning application or section 73 minor material amendment and we will be able comment on it. This 3m extension is overshadowing our garden more than we expected. Building enforcement says they will decide on the application on its own merits, irrespective of it being retrospective.
Any advice on this situation please? Is this worth pursuing or do the council generally allow such larger developments? The building is completed externally already.
Because our purchasing decision was based on the approved plans by the council, what happens if they change these plans now? Can I take the council to court or make a complaint to local government ombudsman?
Can I at least demand the current extension should be considered within the permitted development rights to prevent further extensions?
Should I seek legal advice at this stage or contact a surveyor?
Thanks for all the input in advance.