Neighbours planning huge extension. valid objections?
 

My neighbour has just presented me with a set of plans for a huge extension
to the side of his house, taking his house hard up to the boundary of my
garden, and to within 6 feet of my gable wall.

I'm wondering how best to object such that it'll be taken seriously by the
council and stopped.

I have a window on the second floor facing the boundary, and the proposed
gable end will only be 6 feet away from it, blocking out a lot of light - is
this a good enough reason?

also, he has a central heating outlet on the gable wall which, if not
relocted elsewhere, will be venting straight into my garden into the 6 feet
gap.

If he gets approval, I don't see how they can build it, then roughcast it
without access to my garden for scaffolding etc. Can I stop them from doing
this? How about things like foundations & eaves as well - would they not
have to extend over the boundary line?

I'm not against the guy building an extension, but think he could at least
stop a metre back from the boundary line.

Any one had similar experiences?

Thanks,

Jim

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Jim Main

The first thing is to discuss your concerns with your neighbour. If he is
not responsive to your objections then write a letter to the council setting
out your concerns about the planning aspects. remember that even if he does
get planning permission then that does not mean that he has carte blanche to
build since he has to obey the law regarding trespass and the Party Wall
Act. He cannot force you to give permission to allow access for building in
any way. The Party Wall Act is available here
http://www.hmso.gov.uk/acts/acts1996/1996040.htm and note the sections
regarding adjacent excavation and construction.

In article ,
"Peter Crosland" writes:
The first thing is to discuss your concerns with your neighbour. If he is
not responsive to your objections then write a letter to the council setting
out your concerns about the planning aspects. remember that even if he does
get planning permission then that does not mean that he has carte blanche to
build since he has to obey the law regarding trespass and the Party Wall
Act. He cannot force you to give permission to allow access for building in
any way.

I don't believe this is right. I can't tell you which law
covers it, but there was a case in a local paper ~15 years
ago where exactly this happened. I believe you are required
to provide reasonable access to neighbours for building and
maintenance at the edge of their boundary. It required only
a quick trip to court to get an order to enforce it, whereupon
the builder was granted 6 months unrestricted access to the
neighbour's garden for the building work, and the neighbour
lost all right to negotiate such access for that period.
The order also required unrestricted access for transportation
of building materials, which due to the layout of the
neighbour's plot, meant they strictly couldn't even park
their car on their driveway during that period.

The Party Wall Act is available here
http://www.hmso.gov.uk/acts/acts1996/1996040.htm and note the sections
regarding adjacent excavation and construction.

That is more recent than the case I'm remembering, and some
aspects of it may have superceeded earlier legislation.

--
Andrew Gabriel

I don't believe this is right. I can't tell you which law
covers it, but there was a case in a local paper ~15 years
ago where exactly this happened. I believe you are required
to provide reasonable access to neighbours for building and
maintenance at the edge of their boundary.

Quite wrong as far as new building is concerned. However, there is now the
Access to Neighbouring land Act 1992 that allows access for repairs and
maintenance but it does not allow for new build. Details here
http://www.legislation.hmso.gov.uk/a...20023_en_1.htm