Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Other subjects
Original poster

Planning permission and building stuff!

26 replies

katzg · 02/04/2006 18:36

next door our building a porch/conservatory on the boundary bewteen us and them (we live in a terrace). one the join is a window which over looks our garden but will also be openable. now we are not anti this build becayse we want to build an extention ourselves which they have voiced to us objections about.

The opening window will over hang our property but would also crash with a wall of our extention, now before i contact the planning office,does anyone know if there build complys with current planning/building regs?

equally there guttering would over hang our fence too.

our big bug bear is that they have said they would object to us extednign but have gone and build allbeit a small extention themselves!

OP posts:
SoupDragon · 02/04/2006 18:41

Is the fence on the boundary your responsibility? I'd be tempted to build/erect a 6'fence along it immediately. In fact, I'd be tempted to do this just inside the boundary if the fence is theirs. I think it's out of order to have a window that opens onto your property.

SoupDragon · 02/04/2006 18:42

I@m not sure of the legalities of opening windows/overhanging gutterig though.

hermykne · 02/04/2006 18:43

i too dont think a window can open onto your property, but i think they can get round that by having it opaque glass??????

zippitippitoes · 02/04/2006 18:47

They can't have overhanging guttering unless they apply for an easement ..are they using permitted development rights to extend or have they applied for planning permission?

Is it already built?

Original poster
katzg · 02/04/2006 19:03

its half built

no planning/building consent as far as i'm aware.

so who do i contact to check?

OP posts:
zippitippitoes · 02/04/2006 19:08

planning it probably is permitted devlopment then

very hard to stop once it's there as unless they have planning permission and they have contravened it then you will have to take legal action (been there ourselves)

proving a boundary is a minefield in itself

Saggarmakersbottomknocker · 02/04/2006 19:10

They deffo can't have an opening window and it has to be opaque glass.

Check with local council but if they'd have applied for permission, as next door neighbour you would have had a letter I think. Conservatories don't always need permission but do need building regs - two different things I think.

Original poster
katzg · 02/04/2006 19:13

doubt it would need plannning but everything needs building regs.

what would not having a building regs mean? they have no plans of moving? could they be made to take it down/correct it?

OP posts:
shorty3 · 02/04/2006 19:20

They would have to take it down or change it if it does not comply.
Building regs need to check the window and they should have applied for planning for the extension. (Planning permission is need for as little as fences been above a foot high).
We have just looked into all this ourselves.

Original poster
katzg · 02/04/2006 19:32

would we have to actually complain or just tip off the building regs people?

don't want to give them any extra ammo for objecting to ours! plus don't want them to be able to object on grounds of our wall blocking light into there window which over looks our garden

OP posts:
shorty3 · 02/04/2006 19:39

Not completely sure how you should go about it, we want to put a window into our bathroom - we can have one as long as it is opaque as it will look onto the houses over the road.

If you go in and chat about it then the council will probably go and look at the extension and tell them what they have to do to make it within the guidelines.

Can't they have the window on a different side of the extension? If they keep it where it is they won't get much light through it anyway if it will be opaque.

But also they will probably know that it is aneighbour that has informed them. But also if there extension is agreed they can't really turn you down if you decide to build one.

zippitippitoes · 02/04/2006 19:39

is it on the front or the back?

are you in a conservation area
how far is it from the road

how high is it

zippitippitoes · 02/04/2006 19:41

also they can only object to the council about your extension on certain grounds within the guidelines not malicious reasons

shorty3 · 02/04/2006 19:41

They should have definately got planning permission for the building - which you would have been informed of. Also the building regs people should come out to check the window is thecorrect glass and correct size.

Original poster
katzg · 02/04/2006 19:41

they are building a large porch/ very small conservatory, it has only got a single layer of bricks.

i don't mind about it hence don't really want to complain but don't want its existance to effect us building iyswim

OP posts:
zippitippitoes · 02/04/2006 19:43

single layer of bricks?

no foundations at all?

Original poster
katzg · 02/04/2006 19:52

not really just a concrete slab! they are building it themselves, it isn't very big though 1.5meters by 2.5 meters max, its to house a washing machine tumble dryer and chest freezer!

if it doesn't meet building regs then in essenece does it not exist! so can have a bearing on us extending?

OP posts:
zippitippitoes · 02/04/2006 19:55

err I think any kind of wall has to have more than a single skin doesn't it?

Original poster
katzg · 02/04/2006 19:58

thats what i thought too!

My hope is that essentially it isn't a room, and therefore is can not be considered when we apply for planning permission, the only grounds that next door can really complain on is loss of light to this new window which over looks our garden,

OP posts:
zippitippitoes · 02/04/2006 20:00

ring the planning department tomorrow becasue if it's over 6 foot then they need planning permission and tell them that you think it won't be safe

shorty3 · 02/04/2006 20:02

I think the best bet is if you could go into council and enquire about your own extension and bring it up that way...

I can't remember exactly but if the building is within a certain measurement there does not need to be any planning permission.

The building regs will be concerned with the windows not the actual building itself.

I can't see them not being allowed it fullstop. They will probably just have to change the design of it. In which case you should be able to have your extension with or without alterations to your original idea.

shorty3 · 02/04/2006 20:04

or as zippi says ring them tomorrow

Original poster
katzg · 02/04/2006 20:06

thanks all - will ring and make a general enquirey

OP posts:
pooka · 02/04/2006 20:32

Ok - planning permission NOT required for an extension to a terraced house if:

1)The total cubic volume of the extension (and any previous extensions built since July 1948) would not exceed 50 cubic metres.

2)The extension would not exceed 4m within 2m of the boundary

3)The extension would not be nearer to any road or public footpath than the existing house

4)The property is not listed or within the Norfolk Broads/national parks etc.

5)No part of the extension, including foundations and guttering, would encroach over the boundary.

From what you've said, it sounds like the guttering may encroach over the boundary and so it'd be worth contacting the local planning department to ask whether they'd see this encroachment as warranting enforcement action/the submission of a retrospective planning application.

With regards the window onto the boundary, if planning permission isn't required, then there is nothing you can do about it. If planinng permission is required (even retrospectively) then you could object on the groundds of loss of privacy and the planners would take into account your objection in assessing whether planning permission should be granted.

I'm no expert on building regs but do know that some structures don't require building regs depending on the type of construction, what services (i.e. hot water etc) would be required and so on. But the local building control surveyors should be able to advise.

I think it's pretty rotten when people build without consulting neighbours, at least showing the plans for you to look at. Just plain rude IMO.

Kathlean · 02/04/2006 20:36

Can you not talk to your neighbours and suggest going halves on a party wall when you build your extension as well??