PWA needed?

[stb654]

Hi All,

Sorting out some plans for a friend.
Should a party wall agreement be in place for this project? (Please see attached)
Essentially, they got planning permission almost a decade ago but never built the single storey part of the build, just the two storey part above kitchen. Now they are looking to get that part built and it's close to the neighbouring property and they also want to go out further than originally planned (going for permitted development to avoid the 45 degree/sunlight implications).

However, I'm not quite sure how to apply the rules as laid out in the PW act. Does the 3m rule apply to adjacent/parallel structures only, or is it applied as radius? This does not seem to be mentioned or I have misunderstood it. If it's only as parallel structures then we would be fine as the neighbours do not have an extension. But also, as I understand it, we shouldn't need a PWA anyway so long as we don't go too deep with foundations?

It's almost certain that the neighbours would not welcome any proposal for extension as they previously complained about potential light loss years ago, the typical response!

Thanks!

 

[^woody^]

No PWA required if the foundations are not designed to be deeper than the neighbour's. Otherwise the 3m dimension is measured horizontally between proposed and any existing foundations in any direction.

In any case, I'd argue that it's 10 years too late to serve notice as the scheme has already started.