HS posted
Have looked all over the www for info on this one without success.

Situation is this. Neighbour's existing extension (two storey, flat
roof) is built right up to my boundary (bottom of my garden, side of
his property). Fine so far. Neighbour has applied for a loft
extension which will see his hipped (pitched) roof extended over his
(flat roof) extension. Fine up to a point, as a hipped roof is
visually more attractive. However, because the existing wall is built
right on the boundary, the soffits, eaves and guttering of the extended
hipped roof will project into my airspace.

Spoke to the planning officer handling the application, wondering if
they had overlooked the fact that my airspace was to be invaded. Was
told that this is not a planning consideration. Any objection to the
application on these grounds would not be considered.

This is true. While it sounds odd, the reasoning is as follows: You
think (rightly) that your neighbour can't do this without your
permission, because it's your land. But actually it often happens that
people apply for planning permission related to land that isn't theirs.
The most common example is when a developer wants to buy land to build
on, but won't do it unless he knows he can get planning permission: so
he has to apply for then permission *before* he buys the land.

So from the planning officer's POV, ownership of land is irrelevant. All
they are required to do is look at the *planning* (ie public interest)
aspects of the building.



Was told further that this is a matter between me and my neighbour to
sort out -if the neighbour goes ahead and builds in accordance with the
planning permission granted by the council, I have to take legal action
against him.

Right. But that would be messy. If you really don't object too much to
his plans, one solution is to say to your neighbour, "This is my land,
you don't have the right to build this, and I'll sue you if you do it
without permission. However, if you agree to pay me X thousand pounds in
advance, and Y hundred pounds a year afterwards, then I'll grant you
rights to do it."

--
PeteM