Planning permission refusal during party wall process

[JimExtension]

Hello, if the party wall process has been started before planning permission has been granted, and then planning permission is refused, is there an easy mechanism to end the party wall process?

The party wall act doesn’t seem to have much on cancellation.

Then if following refusal a new application is submitted I guess you have to start the whole party wall process again from scratch?

Thank you!

 

[johnny2007]

What party wall process are you referring to?
If you never start the work, the neighbour won't be affected and can't claim anything.
If they've contacted a surveyor, surely they haven't paid anything yet, first of all because you should pay and then having contact with a surveyor doesn't grant any payment.
If you re-apply for planning permission, re-issue the party wall agreement letter, simple as that.

 

[JimExtension]

This would be the party wall process for excavations within 3m of the neighbours foundations - and to a greater depth than their foundations.

I understand a lot of people will kick the party wall process off simultaneous to the planning process to avoid delaying the build later on.

But I’m wondering if that then causes an issue in case of planning refusal.

 

[johnny2007]

If the planning application is unsuccessful, the party wall agreement ceases to have any need to exist because you won't be excavating and therefore the neighbour's property will be unaffected.

 

[Murdochcat]

Seeing as you paid for both surveys - and now it’s not needed, what do the surveyors recommend ?

 

[JimExtension]

Thanks for the answers!

@Murdochcat this is a forward thinking question. The party wall process hasn’t yet started.

I was surprised I couldn’t find the answer to this question anywhere as I’m sure this situation must happen a lot.

 

[^woody^]

The PW process is a private agreement supported by statute. This means it can be stopped early subject to agreement, but it depends on what stage it is at - as the legal process must be followed.

Before notice is served, after notice is served and once the Award is being drawn up may have costs associated to the stage which will need to be paid.