Developers application to reduce height of party wall

Re: Developers application to reduce height of party wall

Postby ukmicky » Fri Jan 29, 2016 2:42 am

ukmicky wrote:
annie08 wrote:Hi again - The point at which the greenhouse is attached is about two thirds up the wall just underneath the point at which the existing roof of the barn begins. Would the conditions of the PWA allow them to slice off the top section of the wall not supporting our greenhouse and level it off? Thanks. Annie

Yes


I should have added

The law gives them the right to remove it but also gives you the right to retain it.

Obviously if both parties were to exercise their right you get a stalemate. So the law has worked a way around it by allowing you to retain it if you issue a counter notice requiring them to maintain the same height but at the cost of you paying them compensation.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Developers application to reduce height of party wall

Postby annie08 » Fri Jan 29, 2016 11:42 am

Thanks for that. We don't actually mind them reducing the height to just above where the greenhouse attaches as long as they make good any damage. I can see the glass roof panels being in danger!


Have you any thoughts on my question in my last post? I can see us being in between a rock and a hard place if the application is allowed in regard to the sycamore tree.


Thanks. Annie
annie08
 
Posts: 107
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Developers application to reduce height of party wall

Postby MacadamB53 » Fri Jan 29, 2016 11:49 am

Hi annie,

If the tree is causing damage or will cause damage imminently the affected landowner is entitled to abate the nuisance without the need for consent from either the tree owner or the authorities.

he must, however, be able to show that his actions were necessary and proportionate or else he'll likely land himself in all sorts of problems.

in cases such as this it would be prudent of the affected landowner to contact the authorities beforehand to get their valuable input.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Developers application to reduce height of party wall

Postby annie08 » Fri Nov 18, 2016 1:00 am

Apologies Mac for not responding for so long. Thanks for your opinion.

Construction work is due to start early next year on the site. I've previously asked for advice on two of the three boundary walls and a Party Wall Award has been made in respect of works to be carried out. Re the remaining boundary wall which is between our driveway and their land which is on a higher level, it is not a joint wall but owned by the developers. A condition was attached by the planners that they must raise the wall the wall to two metres on their side to protect our privacy. Because we are in a conservation area they must use old stone and point it with lime mortar. The existing mortar on our side is cement based so lime mortar pointing on the new top section will mean a mismatched appearance. The developers have said they won't take out the old mortar and repoint the whole wall although they clearly will be doing that on their side. It seems rather unfair that, through no fault of our own, we will have to bear the cost of repointing the wall.

Even if the developers colour the lime mortar so that there won"t be so much of a mismatch that would be better but we really feel they should be pointing the whole wall with lime mortar.

I'd appreciate some views on this. Is it unreasonable to expect this?
annie08
 
Posts: 107
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Developers application to reduce height of party wall

Postby ukmicky » Fri Nov 18, 2016 1:25 am

annie08 wrote:Apologies Mac for not responding for so long. Thanks for your opinion.

Construction work is due to start early next year on the site. I've previously asked for advice on two of the three boundary walls and a Party Wall Award has been made in respect of works to be carried out. Re the remaining boundary wall which is between our driveway and their land which is on a higher level, it is not a joint wall but owned by the developers. A condition was attached by the planners that they must raise the wall the wall to two metres on their side to protect our privacy. Because we are in a conservation area they must use old stone and point it with lime mortar. The existing mortar on our side is cement based so lime mortar pointing on the new top section will mean a mismatched appearance. The developers have said they won't take out the old mortar and repoint the whole wall although they clearly will be doing that on their side. It seems rather unfair that, through no fault of our own, we will have to bear the cost of repointing the wall.

Even if the developers colour the lime mortar so that there won"t be so much of a mismatch that would be better but we really feel they should be pointing the whole wall with lime mortar.

I'd appreciate some views on this. Is it unreasonable to expect this?

Yes ,it is unreasonable to expect that in my opinion.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Previous

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 2 guests