Neighbours extension

Neighbours extension

Postby johnwilly » Tue Dec 06, 2016 12:13 pm

Hello all. Been reading these posts for a while but now after a bit of advice please. I live in a semi detatched house on the east coast and adjoining neighbour has submitted plans for a 5 meter ground floor pitched roof rear extension. All within permitted planning limits. The plans show that the extension is within their own land ( about 6 inches from our boundary ) with the eaves/facia overhang up to the boundary line. (appears to be a gutter overhang which of course I will not allow). Foundations plan up to boundary. There is an existing brick garden wall on their side which separates the 2 properties. It has stood for over 30 years. About 4 feet high with trellis on top. our patio, raised borders etc are up to and against this wall. I suspect that the wall was built on their side by previous owners as there is a shared gully and roof rainwater downpipe which straddle the boundary up against the house. Both roofs drain into this pipe and gully. The wall had to stand one side or the other of this gully. It has been used as a shared wall and we have shared maintenance costs in previous years. (many years ago).
The plan would be to remove the existing garden wall and build their outer extension wall in its place/along its line with eaves overhang to boundary.
We have no problems at all with the plans apart from the overhanging gutter. We also accept that they will be building the outer wall on their land and that they need to reclaim their boundary as the existing wall lies on their side regardless of our patio and raised beds etc. They will just have to be brought back to boundary.
The problem is, is that we have a terrible relationship. We don't speak. Without going into details please accept that this will not change. Too much water under the bridge!!
They have a habit of employing cowboy builders who in the past have trampled over our land, cracked our roof tiles, broken our facias, blocked the joint drain pipe etc etc. I realise that the extension will be subject to building control etc but I know that the neighbours will try to ride rough shot over anything they can. I know we will not be informed about anything until the builder arrives.
After that long winded explanation (sorry) my question is should they be serving a party wall notice? The wall is not planned to be up to or straddling the boundary but the footings are up to boundary and the eaves facia is too. They will want access to our garden I'm sure. We plan to cooperate as fully as possible in order to ensure that they finish the wall facing our side to a good standard and that it all happens as quickly as possible. However, we want them to notify us as and when they require access (permission) rather than just step over whenever they feel like it. We also want them to make good any damage. there are issues with the shared rainwater drain and how the plans take account of this. (they are building soakaway for new extension). Basically it is going to be very disruptive, will involve removal of some of our existing patio/raised bed walls and all we want is advanced notice and explanations on how they plan to proceed. Can we get this info from them? I am certain that even if we write we will not receive a response. The only way I can see things working is via party wall act which probably doesn't apply? Or does it? Any thoughts would be most welcome.
johnwilly
 
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Re: Neighbours extension

Postby despair » Tue Dec 06, 2016 5:08 pm

in short YES they must serve a party wall notice
you MUST have a PWA surveyor of your choosing wholly at their expense
serve notice on them immediately to that effect
you will require a hefty deposit held by a trusted 3rd party to cover all and every damage

i suggest you immediately ensure suitable professional CCTV in installed that will monitor all from herein ( worth its weight in gold with nasty neighbours i can assure you )
You now need to raise a list of objections as long as your arm
contact the planners
contact your local councillor

in short research and leave no stone unturned
despair
 
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Re: Neighbours extension

Postby MacadamB53 » Tue Dec 06, 2016 8:11 pm

Hi johnwilly,

[i]neighbour has submitted plans for a 5 meter ground floor pitched roof rear extension. All within permitted planning limits

are you sure you've got that right? because if the development is within Permitted Development limits they do not need to apply for planning permission (and you nor I can object).

Kind regards, Mac
MacadamB53
 
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Re: Neighbours extension

Postby johnwilly » Tue Dec 06, 2016 10:23 pm

Sorry if I was a bit unclear. We have been notified by council that plans have been submitted and given 21 days to make representations/object. No planning permission required. It is a notification to the council that the neighbour wishes to carry out the works described. The extension is within permitted development. If we object the council will assess the impact. Seems to be a paper excercise really as effectively planning permission has already been granted under permitted development. My desire is to ensure that all goes smoothly and legally and our interests are protected. We don't actually object in principal just want everything to be done by the book. I am struggling a bit with the party wall act. The existing garden wall which is wholly on their land will be removed. The wall of their extension will be on their land and by a few inches and will neither sit astride nor be up to the boundary. The eaves and facia/gutter as well as footings will be right up to the boundary. I am trying desperately to find exactly which part of the party wall act may apply?
johnwilly
 
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Re: Neighbours extension

Postby johnwilly » Tue Dec 06, 2016 10:31 pm

And thanks despair.
johnwilly
 
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Re: Neighbours extension

Postby MacadamB53 » Tue Dec 06, 2016 11:19 pm

Hi johnwilly,

should they be serving a party wall notice?

no - the PWA is not pertinent to the situation described.

Kind regards, Mac
MacadamB53
 
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Re: Neighbours extension

Postby despair » Wed Dec 07, 2016 12:54 am

Will the foundations be deeper than yours or within the 3 metres is it

if PWA does not apply you are going to need to play hard ball and demand a deposit to cover damage
despair
 
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Re: Neighbours extension

Postby Fairperson » Wed Dec 07, 2016 5:23 pm

Hi,

I believe that they are required to issue a '3m notice' or '6m notice', if any of their build (including foundations) is within that distance from your house wall.

I don't know if this would apply if it's that distance from garden structures that you own e.g. a garden wall.

I think it's a slightly diluted version of a 'party wall notice'.
Fairperson
 
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