Single storey rear extension - objection

[Nervo931]

Hi All,

I've recently received a letter from my local council informing me that my neighbour is planning a single storey rear extension.

In principle - I have no objections with the rear extension as I have my own and have done so for almost 10 years. Mine currently sits at an extension of 4.5m from the original wall. The neighbours are requesting 6m with a max height of 3.9m and height of the eaves of 2.8m.

Also worth noting - on the council planning website, they haven't bothered to fill in an application form and the drawing plans are of a completely different property.

As a result - the additional 1.5m length is going to protrude fairly significantly onto the side of the garden and potentially block light coming into the window and room. Naturally I'd have welcomed a conversation with the neighbour but they haven't even bothered to inform me.

Any tips on raising a potential objection or should I just not bother? Thanks.

 

[DevilDamo]

The reason you have been notified is for you to express any concerns. So if you have any concerns as to the loss of light or reduced outlook, then say that. Whether Planning would agree with your comments is another thing but this is the time to do so.

 

[tony1851]

As above, if you make any representation to the council, they will assess the proposal on the effect - if any - on the amenity of adjoining properties. (If no one objects, then the council will have to advise the applicant that the work may go ahead).

In your case, I'd be surprised if the council accepted your argument about loss of light. A 1.5m projection is comparitively small. Most councils nowadays will accept extensions along a common boundary of up to 3m, which is the normal 'permitted development' limit.

Had you not had your own extension, it might be a different matter.

 

[^woody^]

Submitted plans should be accurate, so that's a valid reason to complain.

Breach of any 45° line/policy for light to windows is another.

 

[Nervo931]

Thanks all.

My concerns (wish I will raise directly to the council) are:

- Inadequate plans and application form (incomplete and wrong plans)

- Loss of light and / or reduced outlook (due to a proper extension blocking my window)

- Party wall? - I don't think there is a party wall agreement with the neighbour and therefore I am concerned about when they put in the foundations. What if this causes damage to my property?

- No clarity of building materials, design or types (again due to lack of proper plans) - if they have a pitched roof, it will definitely impact my outlook.

As mentioned - I have no major objections to the rear extension if it could meet the same length as mine (4.5m) so there is no additional protrusion into my line of sight from the garden. Although I'm unsure how successful I'll be at raising this objection.

Assuming the plans are approved - Should I be concerned about damage to my property and perhaps the lack of oversight on the neighbours part given their lack of thought and consideration to not inform me, complete proper paperwork and therefore potentially doing a 'botched job'.

 

[tony1851]

1. For the NCS, detailed plans are not necessary; all that is required is a plan showing the site and proposed extension. Having said that, if the LPA was concerned that it might not be permitted development (eg they intend to clad it in corrugated iron) then the LPA can ask the applicant for further details.
There is no requirement to submit an application form - the application only needs to be in writing, eg a simple letter giving overall dimensions.

2. Loss of light; did your extension impact on the adjoining propertywhen first built? Going out 4.5m may have had a bigger impact on your neighbour's view/light than a 1.5m extension would have on yours.

3. It is your neighbour's responsibility to deal with the PWA, at their expense. The Act will apply as presumably they will be excavating within 3m of your original house footings and probably below the depth of those footings.

4. There is no requirement for the application to state the type of roof - only "eaves height" and "maximum height". In your case, the implication is that it will be a pitched (tiled) roof.

 

[Nervo931]

1. For the NCS, detailed plans are not necessary; all that is required is a plan showing the site and proposed extension. Having said that, if the LPA was concerned that it might not be permitted development (eg they intend to clad it in corrugated iron) then the LPA can ask the applicant for further details.
There is no requirement to submit an application form - the application only needs to be in writing, eg a simple letter giving overall dimensions.

2. Loss of light; did your extension impact on the adjoining propertywhen first built? Going out 4.5m may have had a bigger impact on your neighbour's view/light than a 1.5m extension would have on yours.

3. It is your neighbour's responsibility to deal with the PWA, at their expense. The Act will apply as presumably they will be excavating within 3m of your original house footings and probably below the depth of those footings.

4. There is no requirement for the application to state the type of roof - only "eaves height" and "maximum height". In your case, the implication is that it will be a pitched (tiled) roof.

Thanks Tony - on point 3) regarding PWA. From my understanding this is completely separate from the planning process. Assuming the planning application is granted, does the neighbour need to engage with me to define, agree and sign a PWA? If they start to build the extension and do not engage with PWA, I assume I can file for an injunction? Again I have no issues with the neighbours extension, just want to ensure they comply with all the relevant guidance and if something should go wrong, I can lodge a claim appropriately.

Thanks

 

[^woody^]

Why will the PWA apply?

 

[Nervo931]

Why will the PWA apply?

Because an excavation will exist near to and below the foundation level of my building. Isn't this what the PWA covers?

 

[Notch7]

Because an excavation will exist near to and below the foundation level of my building. Isn't this what the PWA covers?

The neighbour has to issue you with a party wall notice.

If you agree and sign within the time limit nothing more is needed.

I think that has to be issued a month before foundations start.


If you don't sign, then both parties need a surveyor and an award made, which your neighbour has to pay for. Party wall surveyors are a license to print money........

 

[Nervo931]

The neighbour has to issue you with a party wall notice.

If you agree and sign within the time limit nothing more is needed.

I think that has to be issued a month before foundations start.


If you don't sign, then both parties need a surveyor and an award made, which your neighbour has to pay for. Party wall surveyors are a license to print money........

Thanks Notch7 - and what happens if the neighbours do not issue a party wall notice and start the excavation work? What’s the recourse then? File for an injunction to stop building works?

 

[tony1851]

It's not a criminal offence not to apply the PWA when relevant. Regardless of the Act, the neighbour is always responsible for any damage to your property caused by his building work.
That said, if your property can be checked by a surveyor and any pre-existing defects agreed and noted, it might be easier to prove any subsequent damage.
It would probably be difficult to get an injunction. Once the foundations are poured and the work is at ground level and backfilled, there's little that can be done - the Act is not retrospective.

 

[Nervo931]

It's not a criminal offence not to apply the PWA when relevant. Regardless of the Act, the neighbour is always responsible for any damage to your property caused by his building work.
That said, if your property can be checked by a surveyor and any pre-existing defects agreed and noted, it might be easier to prove any subsequent damage.
It would probably be difficult to get an injunction. Once the foundations are poured and the work is at ground level and backfilled, there's little that can be done - the Act is not retrospective.

So once the planning permission has been granted and they start works without issuing a PWA, I should just leave them to it?

Am I correct in assuming that a PWA only needs to be issued if they go beneath a certain level of my foundation? How do I know this if they just start works without informing me of the depth they are proposed to excavate? Regardless of what depth foundation are laid... surely it’s prudent for both to agree and sign a PWA?

 

[tony1851]

The Act only applies if their excavation goes below the level of your foundation. If your extension is relatively modern, it's likely that it will have foundations to a reasonable depth, and that their foundation would not need to go any deeper than yours.

However, your original house foundation might not be very deep, and the first 3m of their excavation could well be below that level.

But this is one of the problems of the Act: how would the neighbour or yourself know the depth of the original house foundation? If they genuinely don't know, they can't really apply the Act.

 

[Nervo931]

The Act only applies if their excavation goes below the level of your foundation. If your extension is relatively modern, it's likely that it will have foundations to a reasonable depth, and that their foundation would not need to go any deeper than yours.

However, your original house foundation might not be very deep, and the first 3m of their excavation could well be below that level.

But this is one of the problems of the Act: how would the neighbour or yourself know the depth of the original house foundation? If they genuinely don't know, they can't really apply the Act.

Totally understood. Perhaps a digging a trial hole would be prudent? So by the sounds of it, in all intents and purposes... they do not need to complete a PWA?