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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To report my neighbour for planning breech

61 replies

ginnyrose1 · 31/01/2016 08:42

Our neighbours are currently extending their house and have planning permission to do that. However, when we looked the plans before permission it didn't look like the house was being extended closer to ours and would always be in line with the back of our house. Now they have started, it has definitely been extended closer to our house and it a lot wider then it appear in the plans. The house is completely overbearing on ours and we have a lovely view of the brick wall from our dining room. AIBU to want to complain to the council? DH thinks as they have planning permission not to...
Their planning permission also only stated extension work but they have just knocked part of the house down and then build the new house around part of the old house, which they are slowly knocking down as they go along! Is this allowed?

OP posts:
Lweji · 31/01/2016 08:46

If the extension is bigger than planned and it's affecting your property, then I'd report. They should be inspected at key points anyway but as they have to ask for it, the council will never know they are already building it.

ThroughThickAndThin01 · 31/01/2016 08:47

There will be council planners to check on their work won't there? So if they've done anything wrong it'll be picked up on.

Potatoface2 · 31/01/2016 08:51

call building control at the council asap....they could be causing problems to your property.....are they within 3 metres of your house.....are you sure they have planing permission.....did the council write to you about the proposed plans?

Funnyfive · 31/01/2016 08:57

Are you friendly with them? I would try to speak to them first to alert them of your concerns. If you still aren't happy then I would definitely make a complaint to the enforcement team in the planning dept.

Don't get confused between planning and building control - two completely separate depts, building control are only interested in how it is built, planners are worried about where, its impact on others and its appearance. Planners will not inspect it to make sure it is in the right place.

ThoughtlessMess · 31/01/2016 08:59

Fully agree with Potato. Do it tomorrow morning - the sooner the council know, the less ££ your neighbours have wasted! And the easier it is for them to demolish, etc etc (thoughtful or p/a?)

Original poster
ginnyrose1 · 31/01/2016 09:02

Yes, they are within 3 metres of our house. They definitely have all the correct planning permission and we were informed but on the site plans it looked like it would be in line with our house which would be fine. But now they have build it they are half metre over.
I didn't realise the council did inspections. While we were away the roof collapsed on the original part of the house so the other neighbours got the council to come round. So they been once that I know.

OP posts:
mix56 · 31/01/2016 09:07

I'd call, I don't imagine the council will tell them who called, but even if they do, if they have followed planning permission, they have nothing to hide.
If they are not following plans, it is detrimental to you, & the possible value of your house, too bad, they will have to resign it back in.... better to call sooner than later.

mix56 · 31/01/2016 09:07

reign

JenEric · 31/01/2016 09:11

I would call council and say you are concerned that it falls outside of planning as there appear to be differences between the plan you have and the building going up. Explain the effects on you and hopefully they will send a planning inspector round.

MrsDeVere · 31/01/2016 09:15

This reply has been deleted

Message withdrawn at poster's request.

Funnyfive · 31/01/2016 09:22

The 'council' do not do inspections, building control do but as this service has now been 'privatised' you can employ a private company to do this not just the council.

In any case as I said above building control aren't likely to be that bothered if it is in line with the planning permission or not.

OhYouBadBadKitten · 31/01/2016 09:23

Call them. Some councils are better than others at enforcement and you have a strong case i think especially as it will involve the party wall act.

OhYouBadBadKitten · 31/01/2016 09:25

planning do do inspections at least in some areas.

Funnyfive · 31/01/2016 09:26

Sorry forgot to say that enforcement will come out to inspect if you make a complaint, check your council website as there is probably an online complaint function, most councils will not accept a verbal complaint, it has to be in writing. It will be kept confidential.

firesidechat · 31/01/2016 09:31

Report them.

We live in a house that was built too close to the road (not by us) and building stopped for years while they sorted it out.

Pipistrella · 31/01/2016 09:34

Yes, email the council. You could ring them, too, but they will want notification in writing. Be specific as to what you think the issues are, and that you know there is an application that's been granted but you think they are breaching it.

I complained about a neighbour who was replacing original windows. The planning dept did come out. They are now in the process of deciding whether to make them reinstate the windows. I hope they do.

I also spoke with the window fitters on the day and told them they didn't have permission, so just to be aware.

They carried on regardless. But it looks like they might regret it.

I wouldn't approach your neighbours.

BabyGanoush · 31/01/2016 09:34

no there won't be council planners to check on their work (bitter experience)

Councils cannot be bothered with this kind of thing.

Enforcement will do bugger all (too time consuming, too expensive)

But do complain. But don't expect much to happen.

My neighbour has built an entire house without planning permission. On "agricultural land", in a "national park". He gets away with it because it is his world against mine (he says he doesn't live there, he does).

After 5 years of dealing with Planning people, I have given up. They just don't care.

All they do is as little work as possible, but just enough to keep secure their cushy job. They may even send you a letter every now and then Wink to prove they "work"

wonkylegs · 31/01/2016 09:35

Planning departments up and down the country are overstretched and are unlikely to visit a site unless it is controversial, listed/ conservation status or a problem has been reported.
It would be better for all parties concerned to have a chat with planning earlier rather than later as if anything needs to be rectified it will be cheaper to put right earlier in the process.
Be aware that planning may deem any variation from the plans to be acceptable under the planning rules and grant a variation to the planning permission, they are only likely to make them change it if it breechs the planning rules, not whether or not you agree with it.
Party wall issues are a completely civil matter and the council are unlikely to get involved. They rely on private prosecution and that is their weakness in this kind of situation - if they have breeched them (which it sounds like they may have) it would be up to you to bring a case against them, which unless you have suffered actual damages is unlikely to be cost effective.

Pipistrella · 31/01/2016 09:37

In my case the property is an article 4 and had already applied and been refused, so they had to come out. They didn't want to but I imagine that's because they are busy.

ThroughThickAndThin01 · 31/01/2016 09:39

Our local council must be really picky then. We recently had three site visits from them, and we had to change something to a huge cost to ourselves for absolutely no good reason.

In light of what pps ass saying I'd report then. It would be awful for you if they did something without permission which had an impact on you.

BabyGanoush · 31/01/2016 09:41

Also, it is better to call than to mail/write. Or if you write, keep it very "calm" and remember all communications are put online, so your neighbours will read your letter to the council.

I did not know that, so we had a fun moment when irate neighbour came to scream at us after we had written a formal objection during the consultation period.

such fun...

Pipistrella · 31/01/2016 09:42

That's not the case in a breach situation.

I was told that I had to write in - either by letter or by email. Nothing would result from a phone call.

And I was told that my complaint would be confidential.

It's only within the initial consultation that documents are shared.

SmallGreenBouncyBall · 31/01/2016 09:42

a whole block of flats near me had to be demolished and rebuit because it was 6 metres closer to the boundary than the plans approved...

BabyGanoush · 31/01/2016 09:43

really? All my mail and letters are published alongside the case Shock

but yes, start with a letter but follow up with calls

Pipistrella · 31/01/2016 09:45

as far as I know they print everything online with an application. When it's a breach of an existing application, there's nowhere to pubish that as it's without (outside of) the consultation process.