We are building a small extension. The finished height is 3.05m measured on our land, from the top of the paving, and we have planning approval for 3.00m. Our neighbours have complained as the height of the wall in their garden is 3.25m (their ground level is lower). They want the wall reduced by 25cm to 3.0m (on their side), which makes it considerably lower on our side.
This raises three questions.
1) I would have thought that 3.05m was within acceptable building tolerances, and the term "de minimis" is often used in similar cases. But, what is an acceptable tolerance for heights? I would imagine building heights are really measured in bricks, its hard to build in half bricks. Any thoughts? Or, better still any references / material / laws we can reference?
2) We don't know the natural ground level as the paving was installed prior to us moving in. Is the paving material in such a case?
3) Does anybody know where we can get further info re 'the benefit of doubt' quote from lpasengland? Thus, "The formula in the order gives the benefit of doubt to the developer: height may be measured from the highest part of the surface of the ground adjoining the building"
Finally, does anybody know of any similar cases or reference material that we can use as evidence that this is acceptable? We don't want to have a dispute with the neighbours, but clearly would sooner not have to change the wall as it is complete. Any reference material that helps clarify that we are within limits would be appreciated.
This raises three questions.
1) I would have thought that 3.05m was within acceptable building tolerances, and the term "de minimis" is often used in similar cases. But, what is an acceptable tolerance for heights? I would imagine building heights are really measured in bricks, its hard to build in half bricks. Any thoughts? Or, better still any references / material / laws we can reference?
2) We don't know the natural ground level as the paving was installed prior to us moving in. Is the paving material in such a case?
3) Does anybody know where we can get further info re 'the benefit of doubt' quote from lpasengland? Thus, "The formula in the order gives the benefit of doubt to the developer: height may be measured from the highest part of the surface of the ground adjoining the building"
Finally, does anybody know of any similar cases or reference material that we can use as evidence that this is acceptable? We don't want to have a dispute with the neighbours, but clearly would sooner not have to change the wall as it is complete. Any reference material that helps clarify that we are within limits would be appreciated.
