"Old Bill" wrote in message
...
HS wrote:
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.

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.

Can this be correct?? My neighbour needs to observe the requirements
of the Party Wall Act, but how can the planning people approve such a
thing in the first place? (All the more extraordinary since a couple
of years ago when I built my own extension, I was required to set it
back from my boundary so that the eaves and guttering did not project
over the pavement!)

Any and all input from your fine brains would be appreciated.

HS

Well, this happened to a good friend of mine who was the person having
the new extension built.
When the potential intrusion was pointed out, he had to have the
building put on hold while the plans were altered to keep the extension
wholly within his boundary. Cost a packet.
Why can't the roof of the extension be set back enough so everything is
on his side?
If the neighbour won't play ball you could threaten to apply for
permission to build right up to your side of the boundary which would
block his new soffit etc.
The other problem for him is if it does spread over your side, he will
have to ask for access to clear any blocked gutters etc While this
cannot reasonably be refused, a lot a damage could be caused by
rainwater until it is convienent for you to allow access :-)

And the side of his wall is heavily stained and you are the only one who
looks at it, as it is out of view of him. Being a good civilised neighbour
helps for all parties


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