Building up to Boundary - query and help please! If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[WriterChris]

Hi All,

We own a three bedroomed semi detached house that had a path down the side by the single story garage. We are currently constructing a fourth bedroom above the garage and replacing the existing sub standard utility room at the back of the garage. We had plans drawn up and submitted and consequently received planning permission for the project.
The structural engineer visited the site prior to the work beginning and instructed our builders to demolish the existing garage and lay new foundations.
They duly did this, but the new foundations (about 8 foot of concrete poured into an L shaped trench) were lain along our property boundary, where our path previously was, rather than where the old garage wall had been (all in all an increase of about 90cm). Whilst digging the trench for the new foundations, the builders discovered that our neighbours path had been packed underneath with loose rubble dating from the time that their house was built. Some of this rubble fell into our trench so when the builders poured the concrete for our foundations, they also filled the gap under the neighbours path.
Due to the new positioning of the wall I consulted our architect who phoned the planning department and they said that we'd need to reapply for new planning permission. We've subsequently done so but the neighbours have put in an objection (not a very strong one as it's main point is that they liked us having a path next to theirs so they could move their bins around and move garden rubbish) She has, however also complained that we 2dug under her path causing it to collapse". We're now awaiting the result of the planning permission and have received a letter from the planning department:

PROPOSAL: Erection of two storey garage, utility, bedroom and en-suite extension to side and porch with canopy over to front.

LOCATION: Newcastle upon Tyne,

I refer to your planning application with regard to the above proposed works.

Following a site visit to the property it is apparent that work has started on the erection of the two-storey side extension. I note you gained planning permission reference 2011/0614/01/DET for a development similar to the current application. The two-storey side extension you have planning permission for does not extend up to the boundary with the neighbouring property. You do not currently have planning permission for this extension and therefore I strongly recommend that you stop work. Any works carried out without planning permission are at your own risk.

I would be grateful of you could clarify foundation details. There is concern that the foundations are encroaching onto land owned by the neighbouring property. If the foundations are/will encroach then you are required to serve notice on the neighbouring property and complete certificate B on the enclosed form.

Details of bin storage are also required. Please indicate the location on a plan.

If you have any further queries about planning permission, please contact the officer shown at the top left of this letter.

Yours faithfully"


I'd be really grateful for any advice? Will there be any provision under the Party Wall Act that could affect our planning proposal?

Anything I should be doing? The architect has advised contacting the planning officer with pictures of the foundations, showing the trench dug and concrete is on our land and the rubble under the neighbour's path. Do we just wait for the planners decision after that or is it worth consulting a lawyer ? Does the repair to the area under the neighbour's path constitute the foundations encroaching on their land and, if so, can they use this to stop our build?

Thanks in advance

Chris

[xavi99]

The foundations should no encroach over the boundary unless specific permission has been obtained. Could the neighbour undertake maintenance or replace their path without affecting your foundations?

Do you have any indication whether planning will be granted? Some authorities have stipulations in their local plans saying that they will not allow any extensions within 1m of a boundary because then you have to get permission from the neigbours to undertake maintenance because you need to access their land.

Bin storage has become a more important issue in the last few years because of unsightly bins in front gardens etc,..

It's a very difficult issue to resolve, perhaps wait and see whether you get pp first. If you do then see how to appease your neighbour, your architect may have to sort out a party wall award etc,..

Good luck

[welsh brickie]

your architect is correct,take pictures of the improvments you have made to the path,State it was nessasary.Call out the council,planning officer to survey the boundry line between the properties.His decision should resolve the situation
As for the foundation incroaching on your neighbours property I dont think they have any basis for complaint,as the path is shared and the work carried out is for the benifit of both parties involved.

[WriterChris]

The only thing on the neighbours' land is the repair to their path foundation. They have the same access to their path that they always had, now it's next to our new wall as opposed to our pre existing path.
Planning permission wise, we are number 20 and number 17 across the road gained permission in 2007 for exactly the same extension and our architect seems to think it will pass.

Bin storage, we can keep them in the garage. We're not overlooking the neighbours land, just a change in the extension plan by 1 meter to our side boundary!
Thanks for the advice - we don't want to bother our neighbours, we just want to be able to decide what to build on our own land...

The foundations should no encroach over the boundary unless specific permission has been obtained. Could the neighbour undertake maintenance or replace their path without affecting your foundations?

Do you have any indication whether planning will be granted? Some authorities have stipulations in their local plans saying that they will not allow any extensions within 1m of a boundary because then you have to get permission from the neigbours to undertake maintenance because you need to access their land.

Bin storage has become a more important issue in the last few years because of unsightly bins in front gardens etc,..

It's a very difficult issue to resolve, perhaps wait and see whether you get pp first. If you do then see how to appease your neighbour, your architect may have to sort out a party wall award etc,..

Good luck

[WriterChris]

Thanks too for your advice! We'll submit the photos to planning. We didn't dig on their land , just repaired the damage that resulted due to their path being packed with loose rubble. We own our property outright and therefore have the deeds which show we are inside our boundary line. I'll let the planning officer know that.
The path isn't shared- it's theirs, our path has been replaced by our wall, but deffo the repair work has been carried out to their advantage rather than for our foundations which are all on our land...

your architect is correct,take pictures of the improvments you have made to the path,State it was nessasary.Call out the council,planning officer to survey the boundry line between the properties.His decision should resolve the situation
As for the foundation incroaching on your neighbours property I dont think they have any basis for complaint,as the path is shared and the work carried out is for the benifit of both parties involved.

[WriterChris]

An updated objection letter has now appeared on the planning website.
The neighbour is now claiming that the gap at the top of our new wall will be too close to her hipped roof guttering for workmen to be able to repair anything in the future.

My answer would be - the end of our new roof is (like our original one) gabled, therefore we don't have guttering or any other aspect of our roof over the property boundary line. Her workmen would have the same access at the top of her property as at the bottom, alon g the width of her path up to her property boundary.
If the gap was too small for her workmen to repair gutters and tiles how could our workmen build our wall there?

Would anybody advise saying anything else?

Her second point is that she states she's been informed by a planning officer that our revised plan's foundations are classed as 2standard strip foundations across the property boundary."

My answer: I've looked at the plan and it doesn't state that the foundations are across the property boundary. The foundations aren't over the boundary in practice either. Being wholly within our property boundary.

Again, should I add anything to a reply to the Planning officer about these extra points the neighbour has objected to?

The revised objection was sent to planning on October 5th, the day after the original objection, and the day before the planning officer wrote to us to ask us to clarify foundation details and state where we'd be putting the bins, but it's just been put onto the planning site now...