Hi DevilDamo,
The next door conservatory was completed just after i bought the property. The prior owner of my house had passed away - with several months of probate and conveyancing, I guess they started shortly after he had died - possibly he was resistant to the idea.
There are no records attached to the next door property online therefore I do not think they have permission for it, but I did not simply want to assume this was the case. At face value, with nothing on the planning property searches on LA website, it seems there was no approval sought.
When i say i missed the boat, it would be easier to detail a timeline of events:
1) I contacted BC with my proposals - they confirmed works were not notifiable and exempt under class 7 Schedule 2.
2) I dug out and placed trench fill footings. My intention was to do this before end Sept whilst i had some leave to take with the main works to be undertaken starting match next year when weather is better, and go through NCS somewhere in between.
3) Neighbour (with said conservatory) complained to council about i was building an illegal structure. They cited it would block out light to their conservatory windows, which they have placed in the wall facing the boundary, some 9 inches from the 2ft high boundary fence.
4) Enforcement officer came out and said i cannot use the NCS as works had already started and it is not retrospective. I queried that nothing had been laid, and at worst the foundation is 150mm below ground and can easily be covered back up. He was steadfast that works has commenced and said i required full planning.
5) I am fine with that, as im in no real rush, and possibly neighbours would kick up under the NCS anyway. I drew up plans and have submitted to LA.
6) In drawing plans I noted that the conservatory next door was not on any location or block plan. I searched the LA planning database and could not find any record for its approval.
7) I dont want to alert the council to this yet - Planning officer coming out next week and ill ask him on site if he has any concerns over the siting of the extension adjacent to the conservatory - and if the neighbors are justified that the blocking light to several side windows facing the boundary may end up in refusal. If this is the case, i might alert him to the fact the structure has no approval. Ill play it by ear. Neighbours haven't formally objected yet - maybe they've realized they've messed up big time.
8) I will also state that ill be putting up a new 2m fence as is my right, which will block out more light as its closer to their conservatory than the proposed extension is.
Edit** Just to be clear, the neighbouring 5 m deep conservatory next door is mostly brick to the side, but the last 2m has glazed panels facing the boundary, and top windows above 1.8m from e.g.l facing the boundary. I have worked very hard to keep the height of my extension to a minimum at additional cost and materials, so as not to impact this - however the placement of these windows is incredibly restrictive and there will always be some impact of light lost through these. In my opinion, they were ill advised and should have had brick wall all the way along so that they dont have windows facing into neighbouring garden from a boundary position.
I am not in any way intentionally looking to upset anyone, but if it comes to the fact that these poorly placed windows have an impact upon planning I will be quite disappointed. I would like to keep the peace as i dont plan on moving, but I am reluctant to move the extension wall further from the boundary as there would need to be structural works to the house (moving an opening) which seems an unnecessary expense.
Im just waiting for planning, another 5-6 weeks they think. Not that im planning any more work this side of Christmas, but would be good to know i can proceed.
Many thanks again
