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Original poster

Problem with neighbour's extension

56 replies

Upnorth123 · 28/03/2017 00:21

We moved into our dream home last October. We didn't see anything of one of our neighbours until relatively recently but were reassured when then introduced themselves that they were very friendly. The problems began around 6 weeks ago when they started to remove their existing conservatory and build a huge extension. It covers the full length of their semi- detached house and is around 3.7m in height.
The issue is that the side wall which has just gone up of comes within 70cm of our shared boundary with the 3.7m high wall and the fact it extends around 6m out from the rear of the house casting a shadow over our living room window.
We received no notification of the extension from the neighbour, the previous owner or our solicitor. Nothing at all. They obtained planning permission for the development in 2015. The previous owner (a dear old lady) mentioned they had shown her plans but assured here the new extension would be no higher than the old conservatory - it is and is significantly higher.
Now that we have inspected the plans there is no indication of the height of the construction other than mention of a 2m high window going along the back of the extension.
We are contacting planning tomorrow. Does anyone have any idea if we have any legal grounds to complain, have the extension reduced in a size a little? It clearly says on the land that all planning is subject to neighbour consultation - we had nothing but are worried that the previous owner who had long since left before the building started may have been cajoled into giving consent in some way.
Any help would be much appreciated.

OP posts:
bignamechangeroonie · 28/03/2017 08:54

That's true, that's what I meant Grin

AgainstTheOddsNo2 · 28/03/2017 08:58

They will generally not give a flying one how high it is compared to planning plans....

Honeyandfizz · 28/03/2017 08:58

Some friends of mine have just been through similar except it was them who built above the height of their pp and the next door neighbour objected. They had to resubmit for retrospective pp and the neighbour submitted all manner of photos and letters, alas for the neighbour it was all in vein and pp was passed anyway for the new height.

3.7m will be considered as within guidelines by the council. You don't have a leg to stand on I am afraid.

AgainstTheOddsNo2 · 28/03/2017 08:58
RTKangaMummy · 28/03/2017 09:00

When the wall went up the neighbour was upset as to the height. Unfortunately not enough to do anything about it!

What do you mean he/she was upset?

Do you mean they spoke to you or you heard them talking to builder?

Perhaps if it was that they spoke to you then you ask them to come round like others have said so they can see it from your POV then if they know the builder has made a mistake they can ask them to do it correctly

I think you measure the plans using the scale on them and work out if it is too tall, more than was agreed with planning

Have you measured the 3.7m or just guessed?

unfortunateevents · 28/03/2017 09:20

Have just realised I was talking through my hat about the height of the extension! I am so ancient I still mentally think in feet for some things like building so 3.7m is only 12 feet, therefore not two story at all. It does sound as if the extension going up is actually what they applied for, apart from the height one of your main issues is presumably the 6m depth of the extension out into the garden but that must have been obvious from the plans when you looked at them. I think you may be on a hiding to nothing here.

Original poster
Upnorth123 · 28/03/2017 10:35

There doesn't seem to be much information on the council website other than architect drawings with very little mention of dimensions and none of maximum height. I'm basing the idea of it being larger than plan by comparing the drawings to some features on their house. The roof (which is flat) is fractionally below their upstairs window. The plans don't suggest that.

OP posts:
Original poster
Upnorth123 · 28/03/2017 10:39

Thanks unfortunate. As I've mentioned, perhaps our main issue other than the height is the potential of it being larger to plan, the zero information from our solicitor and the non mention of the extension in the vendors sellers information report. Subsequently, I've found out that there are plans for an outbuilding at the rear of the garden too! I knew nothing of either upon purchase.

OP posts:
unfortunateevents · 28/03/2017 10:43

Is there no scale bar on the side of the drawings, where the architects etc details are, from which you should be able to work out the dimensions?

AgainstTheOddsNo2 · 28/03/2017 10:54

Please call your planning Enforcement team. That is what they are there for. At the very least they can tell you what height they expect the extension to be

confuugled1 · 28/03/2017 11:16

Have you got legal advice on your house insurance? They might be able to offer you advice...

RTKangaMummy · 28/03/2017 13:02

You need to look for the scale and save drawings to USB then get them printed to A1 size (think that is what it is called) we got extra ones photocopied at print shop in local town as our printer wasn't big enough

Then you can measure drawing with ruler and use scale to see what size it should be

But what did you mean about neighbour being upset .........

When the wall went up the neighbour was upset as to the height. Unfortunately not enough to do anything about it!

RTKangaMummy · 28/03/2017 13:03

Your solicitor has made mega mistake IMHO cos they should have checked esp after nice old lady told you in passing

Original poster
Upnorth123 · 28/03/2017 13:15

Thanks for your comments RT Kanga. Excellent tip regarding the large print. What I meant by the neighbour being upset when the wall went up is that the owners of the offending extension were upset that it was so high and would obviously infringe on our view out of our back window. Unfortunately, not upset enough to take a few of the layers if bricks off.

OP posts:
Original poster
Upnorth123 · 28/03/2017 13:16

From what I've said any idea if there's a case for solicitor negligence?

OP posts:
RTKangaMummy · 28/03/2017 13:25

So they came round to your house and saw the impact and said they were upset it was going to ruin your enjoyment of your house?

MaryPoppinsPenguins · 28/03/2017 13:25

Do a few rows of bricks really make all that much difference to your light? Can we see a photo?

Original poster
Upnorth123 · 28/03/2017 13:58

Here it is!

Problem with neighbour's extension
OP posts:
allegretto · 28/03/2017 14:05

Was there a wall there before or was it glass?

Original poster
Upnorth123 · 28/03/2017 14:11

There was the side wall of a conservatory which was very low and then you could see the pitched roof of a glass conservatory. Just had planning on the phone who stated that the wall should be 3.4m. They've built to 3.7m without the coping stone.

OP posts:
RTKangaMummy · 28/03/2017 14:27

Crumbs!

So you are the north side of them?

That goes out 6m beyond the house wall? So how far out from your windows?

I have forgotten - what is a coping stone?

Original poster
Upnorth123 · 28/03/2017 14:33

The garden faces due South so we are thankful of light in the morning and early afternoon coming into the living room. Around now at this time of year the shadow is getting bigger. Goodness knows what it will be like in the winter. We are on the east side of the neighbour so the extension blocks out light as the sun moves to the South West.

OP posts:
Giraffesaretootall · 28/03/2017 15:52

Did you tell planning it has been built too high? If so, what did they say?

MsJolly · 28/03/2017 16:07

Crumbs/that's shocking

DaisyBlameless · 28/03/2017 16:25

That's awful.