DIYbanter - View Single Post - Trying to determine the exact centre line of a party wall

Robin

On 20/04/2018 14:47, wrote:
On Friday, 20 April 2018 12:08:13 UTC+1, Bert Coules wrote:
"newshound" wrote:

Are *the planners* saying it has to be reduced?

They are. "Trimming back" was specifically mentioned.

Your extra-height roof story is encouraging.

Bert

So it's open to question and trivial. Odds are they won't take it to court.

Depends who you mean by "they". If the planning department then they
don't have to as a first step. They can issue an enforcement notice.
That puts the monkey on the OP's back either to comply, appeal or ignore
it. If he ignores it then it is indeed the council the council's
decision whether or not to prosecute. I've no idea if the OP's council
has a track record of doing so; or how the OP feels about a criminal
conviction and fine. (There's no jail time!) And then of course they
can still require rectification.

If by "they" you mean the neighbour, then I would not be so confident if
- as seems now - it'd be a pretty straightforward case, and not one that
requires a vast investment. They pay a party wall surveyor to report on
the extension; the report shows the extension trespasses on their
property and is not to the plans submitted; they take that to a
solicitor and sue the OP. ISTM they are very likely to win - and hence
get their costs as well as an order to rectify. (I'm sorry to say I'm
unimpressed by the precedent of the "too high roof" as that involved no
trespass on a neighbour's property, nor any obvious detriment to them.)

--
Robin
reply-to address is (intended to be) valid