Neighbours new extension

[littledrummergirl]

I'm really hoping that someone here will be able to advise me.

A family member lives next door to someone who has just built a wooden extension to the rear of their house which is in breach of planning. Both of the immediate neighbours have done this but one has a bigger impact. Neither contacted the planning department.

We contacted the planning department in June and other than requesting more information when we chased them we have heard nothing.
Aside from the visual impact, loss of privacy, views etc, they built along the boundary line with no discussion in advance.

Since these extensions have been built, our family members garden has started to grow moss instead of grass and has sunk as it's now lower than the path when previously it was level. It is also soggy for longer when it rains.

I have suggested that they need legal advice but they are worried that the neighbours will escalate their hostility- they have already told family member that "if you don't like it then move" (difficult when the house has been devalued). I'm going to help them chase the council again tomorrow and will escalate it to our MP if they don't seem to be taking it seriously. I will try again to persuade them to take legal advice.

In the meantime, is their anything that I have missed or anything else that we need to do to get this resolved?
I have attached a picture.

Why is it in breach of planning?

You don’t need planning for an extension unless it’s over the permitted development size.

That extension looks big.

How's it a breach in planning?

Actually I’ve just seen the dimensions and yes that isn’t within permitted development unless the neighbour consultation took place

All the best op

It depends. If there are no foundations, different rules are applicable as it’s classed as a non permanent structure. That is what I was told when I was extending quite recently. The architect suggested an attached wooden side structure for storage in an area I would not have been able to get planning permission. I didn’t go with it.

Is the whole beige area their extension?! That's huge!

I think they need to speak to a lawyer.

It doesn’t look like that would be covered under permitted development. I think it only covers rear extensions and you definitely can’t go close to a boundary.

Be aware though, they will probably just apply for retrospective planning permission. Your relative can object, but things like spoiling their view, blocking the sun in the garden etc won’t stop it. Right to light is protected for windows not gardens.

They might just end up causing a massive fall out with the Neighbours without getting anywhere

you definitely can’t go close to a boundary

That is not true. You can go right up to the boundary provided the height at the eaves is no more than 3m. If the extension goes higher than that it must be at least 2m from the boundary.

@prh47bridge

you definitely can’t go close to a boundary

That is not true. You can go right up to the boundary provided the height at the eaves is no more than 3m. If the extension goes higher than that it must be at least 2m from the boundary.

I might have misunderstood, I read it that they’ve built along the boundary. I don’t think that’s allowed unless you have written permission. It’s not clear from the diagram if that’s what’s happened though.

You only need permission if the wall is astride the boundary. If the wall is wholly on your own land you do not need permission even if the outer edge of the wall is on the boundary.

Thanks all.
It's built so close to the fence that the guttering is on the fence line. It's huge and ugly, and causing stress to my family.
We have sent an email to the council this morning as the legal advice from the bank need a report before they get involved.
It's only been a couple of months but the fence is starting to rot near where they've put the downpipe as well as the ground starting to sink. It also looks as though we(family member) may lose a mature tree.

Hopefully they will send an update soon.

Is the guttering in your side of the fence?

They are not allowed to have guttering overhang the boundary, in your airspace.

They are allowed it to be within 2metres of the boundary providing it is 2.5 metres or below.

They can't over hang anything over your side, like the guttering, but if the height is ok, its permitted development which is why you probably havent heard anything back. There is no case to action in respect of a breach of building regs.

So did you speak with the neighbour first before calling the council or did they just have the council turn up, asi wouldn't be doing anything to help ease a neighbours annoyance if they didn't have the decency to knock on my door first. In fact, it would make very annoyed.

Is the main issue its huge and ugly, because that is ridiculous to try and get it removed for them, when its just a guttering they can only really see.

I can’t see why the garden would start to sink, unless it’s that the guttering drains straight into the ground rather than into a drain. I also can’t see why it would significantly affect the view as it’s not much higher than the actual fence. A strip of trellis along the fence would hide it would it not?

If you have contacted the council and nothing has been done, why on earth do you think is outside permitted development.

It can be that close to the boundary if it's within 2.5 metres high.
It can't take up more than 50% of the current garden, which looking at it, it doesn't.

Your property isn't even against the boundary the other side.

Your statement of loss of privacy seems absurd looking at the photo,
unless the neighbours take to standing on the roof of the extension

Loss of views is also ridiculous as it is only a touch higher than the fence panel

Also the fact it looks bad is subjective and again, you can only see the guttering, unless you are looking out of your upstairs window (invading their privacy one could argue) you can't really see it,

Not sure why a leaking drain pipe would cause your land to subside or sink or create moss instead of lawn ? Is that a legal case?

Look the basics are, you have reported them, nothing has been done so just get over it. Maybe had you gone to them first about the "leaking drain pipe" they may have been more open to solving it, rather than sneaking to the council.

Nothing will happen anyway. A case very local to me has resulted in owners of a property being told to take down their illegal bungalow. It’s still there with people living in it and basically sticking their fingers up to the council.

I think you need to explain why it’s outside permitted development op? Right now you’ve not really been clear,

The diagram is really confusing

I think you need to explain why it’s outside permitted development op? Right now you’ve not really been clear

It extends 5.1m from the back of the house plus the 4m down the side. They barely have any garden left now.
The lack of privacy is because they use it as part of the house, only we can hear everything they say just as they can with us when we are in the garden.

We also have photos of them standing on the roof looking into our garden.

If it is something that family have to live with then obviously they will have to find a way to do this, trellis is being sorted and the greenery is being allowed to grow to try to hide it. This has obviously cost family member money that wasn't planned.

The other thing to understand is that this is one neighbour- the other side has done something similar.

Right now we are trying to understand our rights as the neighbours seem to think they can do what they like.

@littledrummergirl

They should get their own legal advice.
And take it from there.
And out up trellis topper etc

They also could stick an outdoor blue tooth/wifi speaker and stay playing annoying sounds