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Neighbour’s large extension… without planning permission WWYD

52 replies

JuliusSneezer · 18/02/2022 19:07

Our neighbours are building a large extension. They don’t have planning permission and it’s a complete eyesore. It comes up to our boundary line and their builders have made a huge mess of our garden.

The thing is, nobody apart from them and us can see it. If we complain it would obviously be us (back of their house, only overlooked by us).

It comes out maybe 20 foot to the rear of their house, and 10 foot to the side, wrapping the building in an L shape. I mentioned to them that I hadn’t seen any planning and was told that as it’s at the rear and not visible, it didn’t need any, and it’s their forever home so resale doesn’t concern them.

It hugely impacts us as where we had a hedge, we now have a wall. And it’s massive! It comes close to our building.

We aren’t sure what to do. We don’t want to fall out with them. We don’t even mind a reasonable extension… but this is just so big. The eves of it actually overhang into our garden. But now it’s half built they aren’t going to change it…

OP posts:
Topaz67 · 18/02/2022 19:40

Check your local authority website. You will be able to make an enforcement complaint. Good luck 🤞

CovidCorvid · 18/02/2022 19:43

Yes I get that they can’t actually build over the boundary. All I meant was that the planning dept couldn’t give a shit about getting involved in where the boundary was. So granted planning permission and told me to see a solicitor if I thought the boundary was infringed. As it turned out it wasn’t as the neighbours never intended building up to the boundary…..but planning permission drawings are very vague.

From what OP says I got the impression they’ve built up to the boundary but not over it. Though I guess it depends who owned the previous hedge? If it was theirs they can pull it up and build an extension up to it. Though if the extension is too big compared to their house they need planning permission.

Regardless of planning permission you could have insisted on a boundary wall agreement and they were silly to build without checking if you wanted one or not.

MapleMay11 · 18/02/2022 19:43

@LeonardoAcropolis

If it's an L shape, wrapping around the side of their property, I'm certain they should have planning permission.

Contact your local council on Monday for advice.

Wraparound extensions are allowed under PD in Wales
JuliusSneezer · 18/02/2022 19:44

It’s a minimal overhang of the eves, maybe 4cm of overhang over what would be the boundary line. I’m not sure that’s enough to complain, although I suspect guttering when it is added will further increase that.

If they are likely to get permission anyway, I’m not sure what advantage complaining would give us? I can’t see them taking it down, so what have we got to gain?

They have offered to make good the garden.

OP posts:
CovidCorvid · 18/02/2022 19:44

But I would definitely report in the hope they did need planning permission.

JuliusSneezer · 18/02/2022 19:45

They owned the hedge. The wall of the building sits exactly where the centre of the hedge was.

OP posts:
DogsAndGin · 18/02/2022 19:46

Could it be a permitted development?

www.planningportal.co.uk/permission/common-projects/extensions/planning-permission

JuliusSneezer · 18/02/2022 19:47

@Galaxyrippleforever

We complained in this scenario. They were told to take it down. They later appealed and were allowed to keep it. It's now really frosty and I wish I had never bothered.
This is what I’m afraid of. Until now they have been good neighbours, take in deliveries for us, exchange general pleasantries, have given my DC things their DC have grown out of etc.
OP posts:
CovidCorvid · 18/02/2022 19:47

They can’t overhang even by 4cm.

Our neighbour on the other side built right up to the boundary and their guttering overhangs, stench pipe, overflow pipe, etc. It was like that before we moved here.

We’ve mentioned it once or twice because it annoys me and it would prevent us putting an extension in the logical place if we wanted one. Neighbour denies he’s built up to the boundary and says he’s 10cm inside which is bollocks but I can’t be arsed to employ a solicitor at the minute.

Definitely complain and hope planning make them take it down but be prepared you might have to employ a boundary specialist solicitor yourself.

JuliusSneezer · 18/02/2022 19:50

[quote DogsAndGin]Could it be a permitted development?

www.planningportal.co.uk/permission/common-projects/extensions/planning-permission[/quote]
Not sure, I think maybe it is too big, but I don’t fully understand what is permitted so I guess it could be…

OP posts:
LIZS · 18/02/2022 19:52

The overhang means water will drip over, do you have good drainage? Potentially it should have had a party wall agreement. You can build quite large extensions with permitted development but there are limits depending on original size of property, garden, whether detached/semi and if in Aonb or Conservation area etc. it will still need Building Regulations even if PD.

corlan · 18/02/2022 19:56

Until now they have been good neighbours

They are not good neighbours.Good neighbours would have discussed their plans with you and followed the correct procedures.
You have to give up on the idea of maintaining neighbourly relations because the only way that can be done is by accepting they have no respect for you and putting up with whatever they choose to do

HideousKinky · 18/02/2022 19:58

I was just about to say the same thing corlan

HelloKeith · 18/02/2022 19:59

Even if it's permitted development, it still can't go over the boundary. Or near it without a party wall. Man up, take some photos and email them to the planning office.

gogohm · 18/02/2022 20:02

If there's an overhang it will cause issues for both them and you when either are sold

BlissfullyIgnorant · 18/02/2022 20:05

I'm guessing the way it's wrapping around their property means it will impact drainage so I'd be on the phone to council planning dept first thing. They should at least have made contact with the council and they will definitely need building regs approval so they will have to have made something official. I made internal alterations and needed building regs approval even though I didn't add to the footprint. I also used existing plumbing/drainage which helped.
Get the proper heads to check this before it goes too far

Wrongkindofovercoat · 18/02/2022 20:07

If its their 'forever home' plant some nice trees next to it, or a really invasive creeper and move.

blanketyblanked · 18/02/2022 20:07

Don't be a walkover. Document, photos, dates, tell the council and get it stopped immediately. They are being complete cheeky fuckers!

Cattitudes · 18/02/2022 20:08

It might be worth getting a survey to see where exactly the boundary is. Depending on which part of your property it is adjacent to would you be willing to sell the strip the extension overhangs to them if they pay for the costs of deeds etc? Obviously the easy solution is to report to planning permission and get them to sort it out but if you wanted to retain cordial relations with the neighbours you could bargain with them. You do need to protect your investment and ensure you can resell.

Bumpy23 · 18/02/2022 20:11

They don't seem to be worried about falling out with you. Our neighbours built with out planning, it completely overlooked our garden. I spoke to them and he said he didn't see the issue, so I said unfortunately I'll have to speak to planning. I did they looked into it, refused his retrospective planning he had to submit and he had to alter his plans and any over looking windows are now opaque.

Soffit · 18/02/2022 20:12

The Council route is useless tbh. Planning don't deal with boundary disputes but with the layout of buildings. If they are nice and get your hopes up by ordering removal, the person who has rushed ahead and built their dodgy structure has a high chance of their appeal being upheld by the soft touch higher ups.

It's legal intervention from start to finish that will help you. It can be expensive.

BreadInCaptivity · 18/02/2022 20:13

I'll be honest, I can't understand why you've let this get half built without doing anything.

You're angst ridden about annoying them in the face of your home potentially being substantially devalued.

They have no such qualms about upsetting you have they?

You need to contact the council and planning department asap.

Aside from lack of planning, as pp's have already noted they are unlikely to be confirming to building regulations which could further complicate matters.

Ignoring this issue is not going to make it go away. Your just kicking the can down the road and potentially leaving you with the home that you can't sell in the future or only sell at a significant discount.

pancakesandsyrupplease · 18/02/2022 20:14

Have you got a Party Wall Agreement if it's right up to your boundary?

Solmum1964 · 18/02/2022 20:56

I thought you could only build out 3 metres without getting planning permission and this sounds bigger than that.
Do you have legal cover within your home insurance policy? If you do I would contact them for advice but definitely report to your council planning enforcement team.

saleorbouy · 18/02/2022 21:00

I would use this article for guidance and then contacted your local council planning department to ensure compliance.

resi.co.uk/advice/planning-permission/permitted-development-2020

A reasonable neighbour would have shown and discussed the plans prior to commencing work so at this stage I wouldn't worry about ruffling feathers.
Once built they can apply for retrospective planning and whatever is built could remain.
The rules are their to protect neighbourly relations and ensure development is done with consent and comparison of those in adjoining properties.