On 4 Mar 2005 11:11:49 -0800, "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

HS,

One word of warning, an ex-neighbour of mine built right up to the
boundary and then engineered a boundary dispute to try and gain land
so that he had access all round his building.

In the end, the case only went to court to settle costs as he dropped
his case when the Expert Witness finally provided his report 2 days
before the case was due to go to court. We were awarded 100% of our
costs by the court (our barister couldn't believe that we got 100%
costs), but it still cost us in the region of £10,000 taking things
that you cannot claim like lost holidays etc.

Fortunately, most people are like by ex-neighbour who incidently was a
property developer, but take care.

regards

nemo2