Neighbour wanting a front extension, not pleased.

Neighbour wanting a front extension, not pleased.

TOPIC CLOSED
TOPIC CLOSED
Author
Discussion

irememberyou

202 posts

17 months

Tuesday 27th March 2018
quotequote all
Cheers - I see what you were saying now about other properties having front 'porches' or 'conservatories', extensions, structures.

I noticed from a quick look that the ones I could see where of a much small size than what your neigbour has planned.

I suspect this has been done to avoid any issues with the Party Wall Act.

The Party Wall Act is your friend in any instance where your neighbour is going to be building a wall (upvc or not) - digging foundations/footings (he will be) next to/or connected to your property (it will be)

https://www.gov.uk/government/uploads/system/uploa...

Gavia

7,627 posts

32 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
It is on our deeds as communal space. The consensus seems to be that this makes a difference, and he needs to consult us. Many also think planning is required. We think the very close proximity will be to our detriment, and that he's being selfish wanting to extend so close. If we have the tools to stop it, if sensible discussion doesn't work, then we'll use it. There is a physical boundary of where his house ends and ours begins, which I suspect he is correct at where it lies. This doesn't necessarily mean he can put a plastic monstrosity right up to it.
You need to remove the emotion from your objections. Words like “selfish” and something “being to your detriment” don’t actually hold any sway when it comes to this stuff. It’s all about them complying with the rules or not.

desolate

17,690 posts

169 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
It is on our deeds as communal space. The consensus seems to be that this makes a difference, and he needs to consult us. Many also think planning is required. We think the very close proximity will be to our detriment, and that he's being selfish wanting to extend so close. If we have the tools to stop it, if sensible discussion doesn't work, then we'll use it. There is a physical boundary of where his house ends and ours begins, which I suspect he is correct at where it lies. This doesn't necessarily mean he can put a plastic monstrosity right up to it.
If you post up exactly what the deed say about the space someone will be able to give a considered opinion.

A proper lawyer will probably only charge a couple of hundred absolute maximum to give you a definitive answer.

Fermit The Krog and Sexy Sarah

Original Poster:

5,938 posts

41 months

Tuesday 27th March 2018
quotequote all
Gavia said:
Fermit The Krog and Sexy Sarah said:
It is on our deeds as communal space. The consensus seems to be that this makes a difference, and he needs to consult us. Many also think planning is required. We think the very close proximity will be to our detriment, and that he's being selfish wanting to extend so close. If we have the tools to stop it, if sensible discussion doesn't work, then we'll use it. There is a physical boundary of where his house ends and ours begins, which I suspect he is correct at where it lies. This doesn't necessarily mean he can put a plastic monstrosity right up to it.
You need to remove the emotion from your objections. Words like “selfish” and something “being to your detriment” don’t actually hold any sway when it comes to this stuff. It’s all about them complying with the rules or not.
A very true post. We'll try the polite neighbourly talk way, but it appears we have a strong case to object, from a rules point of view. Can anyone give a cast iron answer if building regs say if he needs planning or not?

irememberyou

202 posts

17 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
A very true post. We'll try the polite neighbourly talk way, but it appears we have a strong case to object, from a rules point of view. Can anyone give a cast iron answer if building regs say if he needs planning or not?
You're getting your rules, regulations and permissions mixed up - which is very easy to do with building.

Planning Permission and permission from you under the Party Wall Act are what he needs BEFORE he can start building.

If he gets Planning Permission the Building Regulations then govern the construction.

However, all of this only matters if he's the sort of person who knows about these rules and obeys them.

If he isn't that sort of person, then probably the first you will know is when a mini-digger and a skip turn up outside the house.

Otherwise, if he does play by the rules, you should get a letter from him or a solicitor or a surveyor requesting your consent under the Party Wall Act.

Or, a letter from the council advising you of his application for Planning Permission and inviting your comments.
Advertisement

Gavia

7,627 posts

32 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
A very true post. We'll try the polite neighbourly talk way, but it appears we have a strong case to object, from a rules point of view. Can anyone give a cast iron answer if building regs say if he needs planning or not?
It’s always more likely to be an opinion on here. Much better to spend a few hundred quid with a property solicitor and get some proper, insured advice.

Wacky Racer

30,934 posts

188 months

Tuesday 27th March 2018
quotequote all
Gavia said:
Fermit The Krog and Sexy Sarah said:
It is on our deeds as communal space. The consensus seems to be that this makes a difference, and he needs to consult us. Many also think planning is required. We think the very close proximity will be to our detriment, and that he's being selfish wanting to extend so close. If we have the tools to stop it, if sensible discussion doesn't work, then we'll use it. There is a physical boundary of where his house ends and ours begins, which I suspect he is correct at where it lies. This doesn't necessarily mean he can put a plastic monstrosity right up to it.
You need to remove the emotion from your objections. Words like “selfish” and something “being to your detriment” don’t actually hold any sway when it comes to this stuff. It’s all about them complying with the rules or not.
100% This.

Just because you don't like something or "it spoils my nice view" don't hold any sway with councils...I found that out last year.

Fortunately our neighbour's proposed development was blocked because it did not comply with the statutory regulations.

desolate

17,690 posts

169 months

Tuesday 27th March 2018
quotequote all
I may sound like a broken record but building regs, permitted development and planning permission are as of nothing compared to the fact that he can't build on the land as other people have a right to use it.


I have a footpath on one of my fields - I own the field in total but I can't put a shelter on the footpath as it will interfere with the right of other people to use my property.

It's just fundamental.

Gavia

7,627 posts

32 months

Tuesday 27th March 2018
quotequote all
desolate said:
I may sound like a broken record but building regs, permitted development and planning permission are as of nothing compared to the fact that he can't build on the land as other people have a right to use it.


I have a footpath on one of my fields - I own the field in total but I can't put a shelter on the footpath as it will interfere with the right of other people to use my property.

It's just fundamental.
You’re right, but the OP seems to be doubting his understanding of communal, so it might not be the silver bullet it originally was thought to be.

FiF

34,865 posts

192 months

Tuesday 27th March 2018
quotequote all
Maybe I'm misunderstanding something here, but this is the street view of the terrace block. Op and neighbour in question off to the left out of shot.

I don't see any porches etc on any other property, and seeing how close they are to the road imo there is absolutely no chance any *front* extension would ever receive permission. Or??


was8v

1,623 posts

136 months

Tuesday 27th March 2018
quotequote all
He defo needs planning permission to do that.

Did the other people in the street who did this get permission? If so he might well get it.

If the land is communal (check your deeds) and you have a right of access to the gate, then he can't do it. But it might be an expensive road to go down if he does build.



Why not do the same to your house....propose something more tasteful and convince him to do the same given you will be sharing costs?

Fermit The Krog and Sexy Sarah

Original Poster:

5,938 posts

41 months

Tuesday 27th March 2018
quotequote all
FiF said:
Maybe I'm misunderstanding something here, but this is the street view of the terrace block. Op and neighbour in question off to the left out of shot.

I don't see any porches etc on any other property, and seeing how close they are to the road imo there is absolutely no chance any *front* extension would ever receive permission. Or??

On the opposite side, probably 100 metres up there are 3-4 porches, but not full width, not hindering access.

Inkyfingers

2,297 posts

170 months

Tuesday 27th March 2018
quotequote all
If you have an objection, it's best to air it politely now, rather than wait until they've expended time and money on it.

Do your research first and try and keep it fact based to start with, i.e @you can't do this because it's communal area", or "you need to get planning for that", rather than telling him straight away that it will look rubbish (even if it certainly will).

I don't envy you having a neighbour who would even consider such an abomination.

Fermit The Krog and Sexy Sarah

Original Poster:

5,938 posts

41 months

Tuesday 27th March 2018
quotequote all
was8v said:
He defo needs planning permission to do that.

Did the other people in the street who did this get permission? If so he might well get it.

If the land is communal (check your deeds) and you have a right of access to the gate, then he can't do it. But it might be an expensive road to go down if he does build.



Why not do the same to your house....propose something more tasteful and convince him to do the same given you will be sharing costs?
100% certain, it is communal to the front. We wouldn't want to do anything to the front of our house. The main living quarters are too the rear, the front room is a best/home cinema room. Plus we like the front aesthetic, and are about to get a nice wooden door with Victorian style glass fitted.

Fermit The Krog and Sexy Sarah

Original Poster:

5,938 posts

41 months

Tuesday 27th March 2018
quotequote all
Inkyfingers said:
If you have an objection, it's best to air it politely now, rather than wait until they've expended time and money on it.

Do your research first and try and keep it fact based to start with, i.e @you can't do this because it's communal area", or "you need to get planning for that", rather than telling him straight away that it will look rubbish (even if it certainly will).

I don't envy you having a neighbour who would even consider such an abomination.
We're going to broach it carefully and politely, but I suspect as far as he's concerned he's doing it. I think if we could be sure planning is required, and/or that the communal land can't be built on we can state the 'play nice, or we'll ensure that nothing gets put up.

FiF

34,865 posts

192 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
On the opposite side, probably 100 metres up there are 3-4 porches, but not full width, not hindering access.
Ah ok gotcha. Are those front gardens deeper, ie building line further back from road. I reckon one of those is dodgy for size too.

Fermit The Krog and Sexy Sarah

Original Poster:

5,938 posts

41 months

Tuesday 27th March 2018
quotequote all
FiF said:
Fermit The Krog and Sexy Sarah said:
On the opposite side, probably 100 metres up there are 3-4 porches, but not full width, not hindering access.
Ah ok gotcha. Are those front gardens deeper, ie building line further back from road. I reckon one of those is dodgy for size too.
I couldn't say in all certainty without a tape measure, but they've always looked pretty similar size to ours.

MYOB

2,481 posts

79 months

Tuesday 27th March 2018
quotequote all
In all honesty I would not say anything to the neighbours just yet. Let him put in the planning application and then you can object formally. You can even ensure your details are private if you lodge an objection online.

Should he start work without any form of planning permission, then raise a confidential objection to the local planning team.

To avoid arguments/disputes with the neighbours, don't talk about it. Things can get nasty.

Europa1

7,858 posts

129 months

Tuesday 27th March 2018
quotequote all
I'd recommend investing in an hour of a planning lawyer's time at this stage and getting chapter and verse on where you stand, then you can make a decision on whether to try and have a civil conversation with the neighbour or keep your powder dry until he applies for planning permission or just goes ahead and builds the extension anyway.

B17NNS

18,225 posts

188 months

Tuesday 27th March 2018
quotequote all
Fermit The Krog and Sexy Sarah said:
I think if we could be sure planning is required
You can be sure.

https://ecab.planningportal.co.uk/uploads/miniguid...

How far from the road is your front door?

Edited by B17NNS on Tuesday 27th March 18:40

TOPIC CLOSED
TOPIC CLOSED
"