New neighbour aggravation how would you approach?

[Onthedowns]

So we live in semi detached property on our left side we have a shared boundary and driveway to our garage with another bungalow. There was a very elderly lady lived there who we wrongly assumed had no family, we and other neighbours helped her but she never had visitors. 4 months ago she sadly passed left property to a nephew who turns out lives 5 minutes away but was too busy to ever visit despite falls hospital admissions etc. Cue within a week of her dying him and his wife and her family in and out going through possessions etc chucking things out. I know it’s not normal but doesn’t sit right with me just find it distasteful. Cut a long story short they applied for planning permission for loft conversion and huge rear extension, during this time we had some concerns with regards to light into our kitchen and it would be severely effected by the loft conversion(hip to gable) I posted on a Facebook group site for experience or advice. Few people suggested things. This was In July Fast forward to October I am holiday get a Facebook message from the wife asking why I am querying light issues etc etc! She sends me a screen shot of my post , I am gobsmacked I don’t know her name etc etc. I replied saying we weren’t being difficult but had concerns etc etc. She was very pushy saying there won’t be any issues her builder said so they want to push on with permission and building.

So this sets alarms bells ringing not sure how she found my name etc etc!! Planning permission was rejected on few isssues. They are going ahead regardless with what they can under permitted development. Disappointed they think we scuppered it( we didn’t) every time I see her she’s nosey pushy and stroppy. Dropping in how quickly they are going to push on etc their builder isn’t going to mess about but it will affect us

Why would I inherit???? Never even crossed my mind!!!

Go and TALK to her!

You are not the enemy here, and she can look up the opposition to plans and you weren't on it.

If you express your concern about the skip etc, perhaps you can come to a solution that works for you both.

Can you check your deeds to say what it says about rights of access over the shared drive - because I'm guessing that it will be the same for their deeds (although I think you can access their deeds from the Land Registry for a fee too to check).

I have a shared drive - plus we all have our own bit connecting to it. And while we can all park on our own bits, none of us can park on the shared bit as it would block access for the other neighbours.

Might be worth checking out if there is anything like this and pointing this out to them.

Have you got legal cover on your insurance? Might be worth getting their advice (it's free!) and getting them to write a letter to the neighbours if necessary to point out that they cannot put a skip on the shared driveway area.

THanks bunny never thought about the insurance but yes basically parking on the shared drive blocks access to our frriveway our solicitor just said be nice to each other!

Being nice to each other is fine when you have reasonable people involved. On our driveway there are always the odd moment when we all park on the shared bit - switching cars around so the one at the back can be the one at the front, or if a delivery driver is dropping something off, when you forget something and dash back inside and so on.

Difference is - it's always momentary. And usually because no-one is around. If we do see one of the neighbours, then there are always waves and smiles and apologies and it's never a problem. However, it would be very different if one of them decided to pitch a skip in the middle of the drive for several weeks - that's completely unreasonable and if somebody is thinking that way because they don't care about you then it could be very difficult to get them to be reasonable - as I'm sure you're worried about.

Can they put the skip on the front garden bit instead?

Make sure if they do put a skip out, that you either ring the skip company as soon as you see it - or if you see them unloading it even better - to tell them that they are putting the skip on a shared driveway and blocking access and that they need to move it or else they will be liable... for what I'm not sure - parking charges? inconvenience tax? Hopefully there will be a legal way to word it so that they know they are not able to park there and they will not want to put it there.

I agree with the other posters - invite her round for a coffee and be nice! You took your neighbours cake round when you didn't want to upset them - so maybe approach this lady in the same way?
Living next door to someone you don't get on with is awful and well worth being the bigger person right now.
I think it sounds more like you've been the one to cause this upset not them.... your replies suggest you've already made your mind up about your approach anyway so not sure why you've even asked the question in the first place.

Not sure how I have caused the upset raising concerns with regards to my property being affected? I took cake round as I was causing inconvenience to my neighbours for a month with my building work, I am not causing her inconvenience quite the opposite .

Be the bigger person and go and build bridges OP, before they do their extension. If you share ownership of the drive you can just refuse to let them use it for a skip because of loss of amenity and potential damage to the drive. They'll just have to have one on the road, with a permit and lights.

When you go and talk to them, you can say you found it odd and intrusive that they contacted you via FB rather than in person. In your shoes I wouldn't have engaged if someone had done that to me.

Anyone applying for pp is naive to assume every neighbour will be fine with it, but they also have to understand that objections and comments are usually not personal. They are to do with people being adversely affected by what is being proposed.

Put aside your judgements about them - you can't know how often they saw or spoke to your neighbour as you won't have been at home all the time.

IF the skip appears on your shared drive, simply phone the skip company and ask them to move it off your property.

Check your deeds - is it definitely a shared driveway, or does one person own it and the other has a right of access? Is there a restrictive covenant in the deeds preventing the drive from being obstructed? If a skip turns up you can contact the skip hire company and demand that they remove it from your property. As a last resort you can write to the neighbour requesting the skip is removed or you will take legal action seeking compensation for restricted access. I'd also point out that any legal disputes will have to be disclosed if she wants to sell the house - she should be keen to avoid this.

Check permitted development rules and report them to the county council if they exceed what's permitted, even by a centimetre. Also report them if they fail to serve you with a party wall notice. Find out the name of the building regs officer in charge of their case, call him and explain your concerns, and ask him to keep you updated.

I thought permitted development was strictly single story no wider than the existing building. To a depth of 3 metres.
If it’s any more that this, it’s not permitted development.

Would a single story deprive you of much light? Or are they blocking your windows?

A single story extension to the rear comes under permitted development because it doesn’t usually affect the neighbours.

If they have had to submit plans for planning permission it’s likely to be more than this.

If they had to retract plans and fall in line with permitted development, the light to your property won’t be obscured much more than an ordinary domestic fence would.

I hope this is the case and you have nothing to worry about other than the skip location.

No permitted extension by the maximum of 6 metres! It’s the hip to gable and large back dormer that takes our light from our kitchen. Council weren’t bothered as they said they can turn down planning app but they can go ahead and do it anyway. It’s very difficult.

I’m sure this isn’t right. We had a meeting with our local planning officer because we were looking to extend.

He was very precise when he described exactly what was permitted under permitted development.

If it falls under permitted development no plans are submitted to planning at all. Only to building regs with structural drawings.

If they have submitted plans to planning it would suggest they want more than the basic permitted rights.

Can you get further advice? I’d be inclined to ask building control and planning department and possibly a local architect.

I was told it was very specific requirements for permitted development.

If they fall outside this you may be able to object and have the extension made smaller. You can’t stop it altogether though. But permitted development won’t affect you much.

Maybe permitted development is under the interpretation of each council?

Your car insurance probably takes account you park on your driveway rather than the road so you mention that if she raises it again with regards to the skip. Sorry you are going through this, it really doesn’t seem fair permitted development can affect your light. Good luck

Is next door detached? Pd allowance varies according to whether semi/detached but generally would not allow for additional roof height or dormer windows. There is also a larger permitted development which has a formal approval process. Have you checked your council's specific guidelines?

Oh I see what you mean about the fb thing now. Yes of course you have a right to ask questions so her reaction does seem a bit odd.

Do you know they were too busy to see her? There are many reasons why people are no/low contact with families.

I know exactly what you mean about the drive OP; we have shared access with our neighbour, we have our front garden paved for parking, neighbours chose to keep all their garden so they have no parking. Luckily they no longer use a car but sometimes invite their builders etc to park on the shared access part - then they use our front garden as a footpath, place to unload etc.

I think you need proper advice - for starters try the Royal Insitute of Chartered Surveyors' consumer helpline:

www.rics.org/uk/footer/contact-us/rics-consumer-helplines/

you can also try the CAB - or even just their website, surprising how much info you can get there. Good luck.

They could put the skip on the road as long as they pay the council for a permit.

Although your reaction to loss of light is understandable, I’m afraid your unreasonable, no one has a right to light, so even if you objected to the planning permission, this would not be taken into consideration.

Yanbu in terms of the drive, they will have to find other means.

Not sure I am unreasonable when my kitchen will lose 60% of light , it is taken into account but as they could perform the loft conversion under permitted development there isn’t anything the council can do. You do have a right to light and it can be pursued through civil courts - we won’t, but we used a surveyor to tell us how much we will lose

Not sure living 5 minutes away you couldn’t pop in on your eldest lonely living relative occasionally?

You have no idea why they may have been no contact with her.

I have a very elderly aunt (in her 80’s) who is the most vicious unpleasant person imaginable and has been horrible to my DS and I would not spit on her if she was on fire.

If she left me her house (which is unlikely) i would clear and sort itand live in it because I rent.

The main thing you are worried about is the loss of light but as they can legally build then there is not much you can do about it. Unfortunately thats That really. Your best chance of the building work going ok is if you are on speaking terms with your neighbours.

Neighbours have building work, it happens all the time. Not pleasant and a pain at times but you need to be gracious and let it pass. Both our neighbours have had loft conversions and kitchen extensions so 4 sets of skips, banging all hours lasting from 3-7 months each time. It’s a nightmare but that’s life. What you should have done when founding out their plans would be to invite them around and talk through their plans and reservations with them rather than post on a public forum. Our neighbour had reservations with our loft conversion, they invited us around and we talked through it. The solution ended up costing us more but in return they wrote a letter of support to the planning officer which helped us get the approval we needed.

It is a nuisance with noise and skips but unless you live in a detached home this is life.

OP, you mention your NDN’s plans as extending up to the shared boundary. As others have mentioned a party wall survey will be needed for work attached to your property. You should get your own surveyor, your NDN will no doubt suggest you use theirs. Don’t, the surveyor is working for and being paid by your NDN so will work towards their interests. Appoint your own, your NDN has to pay for this.

With regards to the boundary between you which is not building, is this fence or wall and who is responsible for it? If your NDN is building along the boundary and assume this is into their back garden this will involve taking down the fence/wall. You say you have DC, how is this going to be managed for their safety and enjoyment of your own garden? Have you any structures, greenhouse, shed, or established plants your side that will be affected? Builders are very fond of ripping the whole fence/wall down so they have lots of access (and use neighbours garden as a work area given half the chance).

You can say you want a fence of some sort put up for your privacy and security or even better they have to build from their side leaving the boundary fence/wall in place.

Your NDNs will bellyache about the extra cost involved. Ignore them. Anyone undertaking this sort of work should be budgeting for party wall surveyors and fencing. If you can insist they build from their side it will take them longer however so noise for longer (and oh dear will cost them more as well)

Re the noise: your Council website will have details of the permitted times this is allowed. 8-6 weekdays, 8-1 Saturdays and not at all Sundays and bank holidays. This is only outside building noise so they will be able to do things inside though.

If you appoint a party wall surveyor this will all be laid out in letter form and sent to your NDN and their surveyor. Your surveyor will come and inspect before, during and after the work is done. This should keep things neutral as best you can with your NDN.