Thoughts on this planning decision? (Scotland)

Thoughts on this planning decision? (Scotland)

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GP335i

466 posts

165 months

Sunday 25th January 2015
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Kiltie I can help with this as I've just done the exact same in Aberdeen, gained planning and had worries before submitting it.

The 'right to light' isn't an issue, with the way the sun rises/sets the loss is only marginal. You can build right up to the boundary if you want, planning aren't concerned. Have a drive through an old schemie like Milltimber and you'll see about every variation of an extension that you can think of!

Nothing can pass the boundary though and that includes foundations, guttering etc. Foundations can be designed with a small/zero scarcement so I wouldn't be too worried about that.

Personally mine's only been pulled back 200mm from the boundary line to allow for land drainage pipe/eaves overhang/foundation overhangs, they will all sit bang on the boundary line. It's even more extreme as it has a flat roof centre section (although you wont see it from the road side). This is a monster compared to that but planning had zero concerns.

I do agree it's rubbish about the builders leaving a mess but have a word with the neighbours, they're most probably decent people who will have a word and get it sorted.


Mandat

3,895 posts

239 months

Sunday 25th January 2015
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GP335i said:
Nothing can pass the boundary though and that includes foundations, guttering etc. Foundations can be designed with a small/zero scarcement so I wouldn't be too worried about that.
The Party Wall etc. Act 1996 only applies in England & Wales, but does give the right to place projecting foundations, over the boundary line on neighbouring land, if it is required to build a new wall on the boundary line itself.

Overhanging eaves and gutters on the other hand are not permitted without the neighbour's consent, although there are ways that gutters can be deisgned to avoid oversailing the boundary line.

Unfortuantely, I don't know what equivalent legislation Scotland has, if any, to deal with such neighbourly matters.

TA14

12,722 posts

259 months

Sunday 25th January 2015
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Mandat said:
GP335i said:
Nothing can pass the boundary though and that includes foundations, guttering etc. Foundations can be designed with a small/zero scarcement so I wouldn't be too worried about that.
The Party Wall etc. Act 1996 only applies in England & Wales, but does give the right to place projecting foundations, over the boundary line on neighbouring land, if it is required to build a new wall on the boundary line itself.

Overhanging eaves and gutters on the other hand are not permitted without the neighbour's consent, although there are ways that gutters can be deisgned to avoid oversailing the boundary line.

Unfortuantely, I don't know what equivalent legislation Scotland has, if any, to deal with such neighbourly matters.
+1

GP335i

466 posts

165 months

Sunday 25th January 2015
quotequote all
I asked about the party wall act for mine as I'd read about it and was told I had to keep everything flush with the boundary, foundation included.

I was also warned that building up to the boundary your detached house can quickly become semi-detached if the neighbours fancy extending too!!


TA14

12,722 posts

259 months

Sunday 25th January 2015
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worsy said:
oakdale said:
Don't know anything about Scottish law on this but it doesn't seem right to me, is the roof and guttering going to overhang the border?
Aberdeen is a fair way from England so I doubt it.
rofl

konark

1,111 posts

120 months

Sunday 25th January 2015
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I still think the people in the house on the left are taking the michael.

They've had to go on your MIL's land to build the thing,, albeit with her permission.

How are they going to maintain that gable -end , and I'm assuming it's going to be rendered/pebbledashed to match, without access to the neighbouring property. So they are effectively creating an implied right of access over the adjoining land which a potential purchaser's solicitor might highlight.

Seeing as your MIL has passed away can't you ( or your MIL's executors) rescind permission for access to her land?, that would put the cat amongst the pigeons, as they can't build it from one side only.

You're also going to struggle to sell the house until the neighbour's extension is finished; nobody wants to buy a house with a building site in its garden.

GP335i

466 posts

165 months

Sunday 25th January 2015
quotequote all
konark said:
I still think the people in the house on the left are taking the michael.

They've had to go on your MIL's land to build the thing,, albeit with her permission.

How are they going to maintain that gable -end , and I'm assuming it's going to be rendered/pebbledashed to match, without access to the neighbouring property. So they are effectively creating an implied right of access over the adjoining land which a potential purchaser's solicitor might highlight.

Seeing as your MIL has passed away can't you ( or your MIL's executors) rescind permission for access to her land?, that would put the cat amongst the pigeons, as they can't build it from one side only.

You're also going to struggle to sell the house until the neighbour's extension is finished; nobody wants to buy a house with a building site in its garden.
Are you for real? Did you miss the part where the neighbour has agreed to the extension before passing?

During the initial build sure, they have to step over onto the neighbouring property but after that you'll be lucky if it was once every 10-15 years to fix a bit of blown roughcast. Maybe I'm not as precious as the rest of PH but I personally wouldn't have a problem with this. Infact my neighbours house has an extension right up the boundary line, if they needed to temporary place a scaffold there to fix anything it wouldn't be a big deal and I'd have no issue with it. Their extension means it's one less bit of retaining boundary wall I have responsibility over!

Kiltie

Original Poster:

7,504 posts

247 months

Sunday 25th January 2015
quotequote all
GP335i said:
... have a word with the neighbours, they're most probably decent people who will have a word and get it sorted.
Regarding the state the builders have been making, the neighbour bloke has made me promises but not delivered.

I feel this doesn't bode well.

To be fair, I understand that he was apparently kind to my mother-in-law and father-in-law when they were alive.

GP335i said:
... but after that you'll be lucky if it was once every 10-15 years to fix a bit of blown roughcast.
That's maybe more of a problem though.

I'm thinking they won't be able to see that bit of wall from their property so won't be very inclined to spend money on its upkeep.

I can see them also wanting to cart all their garden stuff to and fro through their neighbour's driveway and "assume" that'll be fine.

el romeral

1,056 posts

138 months

Sunday 25th January 2015
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GP335i said:
Have a drive through an old schemie like Milltimber and you'll see about every variation of an extension that you can think of!
Agree with that. I grew up just along the road in Bieldside and have several friends who still live in Milltimber. At least 3 of them in recent years have extended their houses with massive full on double story extensions.

GP335i

466 posts

165 months

Monday 26th January 2015
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Kiltie I wouldn't worry about their garden waste, that's their problem not yours. Whoever owns the MILs house at that point is more than within their rights to say no, not my problem! That's fair to be honest.

Daft question but what are they going to do with their wheelie bins? Not something I'd want out on show in the front garden! Luckily I've still got a metre wide path on the other side of my house so it's not an issue for me.

Kiltie

Original Poster:

7,504 posts

247 months

Monday 26th January 2015
quotequote all
GP335i said:
Kiltie I wouldn't worry about their garden waste, that's their problem not yours. Whoever owns the MILs house at that point is more than within their rights to say no, not my problem! That's fair to be honest.
I'm not worried about it at all. I'm just frustrated that they obviously "assume" it'll be ok with whoever their neighbours are moving forward. For me, working on the basis that everyone around you will bend and flex to suit what you want to do is a symptom of general lack of consideration for others. That's a side issue though and I shouldn't let it colour how I'm thinking about this - unless my sister-in-law does take on the house I suppose.

I'm also a bit frustrated that the planning authority didn't question this aspect but that's water under the bridge so I shouldn't let it wind me up and just learn a lesson.

GP335i said:
Daft question but what are they going to do with their wheelie bins? Not something I'd want out on show in the front garden!
No idea but wheelie bins at the front is not an uncommon sight around the area in question.

Muncher

12,219 posts

250 months

Monday 26th January 2015
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I can't see any problem at all to be honest, it's a non issue.

herewego

8,814 posts

214 months

Monday 26th January 2015
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Let's hope they don't ask to use the neighbour's path to move bins and garden stuff between front and back because refusal often offends.

sjabrown

1,923 posts

161 months

Monday 26th January 2015
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Kiltie said:
I'm interested in people's thoughts on this planning decision which Aberdeen City Council approved (work is underway).

Two (close to) identical properties (ex-council; both long since private) separated by their respective driveways.



The house on the left was granted permission to extend right up to the plot line.





During the planning consultation process, the house on the right was owned / occupied by an elderly lady.

My opinion is that it shouldn't have been considered as it prevents anything similar from being done to the house on the right.

I'm just interested to know what others think.

Thanks. smile
Not entirely relevant to this thread but I know that house! My grandma used to live about 2 minutes walk away from there, and either that one or the next block along was the house of one of her friends, a Mrs Hepburn if my memory serves me right. Opened the thread and instantly recognised it. Grandma (now in nursing home) can be seen just a street away.

Edited by sjabrown on Monday 26th January 21:25