our property becoming building site for neighbours development

[annoyednow]

The house next door has recently been bought. It was very run down and the new owners are doing it up before they move in. They were quite eager for us to see their work (still at early stages) so when they called yet again, I went over. After the tour, as I was about to leave, they said just one more thing and said the (ground floor) kitchen extension plans would be sent to us by council. They then just said casually I would be the only house to see it and they would be building on the boundary and they would have to work from my garden. The houses are adjoining semi-detached with wooden fence in between.

They then said the new wall of their extension would be there for me to extend. The thing is some of their house is a couple of metres longer than mine anyway and if I extended (say conservatory) I would have then come back into my own garden. it will seem like a lot of wall to be looking at. It is a conservation area so they have to apply for pp I think. Not simply permitted development.

Do I have to lose the fence? We are responsible for fence that side and were thinking of putting a better one in that side. Also, we have loads of bushes, garden features that side and it is right outside patio doors. Can they force workmen answerable to them to trespass in our garden for summer and effectively lose security and freedom of our own property on which wer're paying the mortgage. They would also ruin mature garden area.

We will be the only ones living on a building site (for a development that isn't ours).

Can they do this? They didn't as can they work from our garden. They told me they would have to work from our garden.

tricot - the fact that they might have used their pd rights is immaterial as they're having to apply anyway because its a conservation area.

Sure but pd rights will guide the planning officer so it is always worth pointing out greedy tendencies!

pd rights shouldn't guide the planning officer. If they did, lots more houses would have nearly 50% of their gardens built over. And you wouldn't have to study for so long to become a planning officer (or at least an RTPI member)

Instead, planning officers look at issues such as overshadowing, bulk, massing and privacy. Many LA's have guidance notes on what 'can' be appropriate extensions and what might 'normally' be allowed - if the OP could look at the planning website of her local planning authority (and look under Policy and then Supplementary Planning Guidance) she might find something helpful.

May be worth speaking to the citizens advice bureau.

Interesting. I would have assumed that because the planning requirements are more strict for a conservation area that this meant you would have to have good reasons for getting or exceeding the accepted norm/pd rights in a domestic setting. That's a shame as i thought referring op to the udp would be a right drag. You think pd comparisons are a complete waste of time then?

There are some instances in which an extension that is beyond 'standard' pd rights (I'm talking for extensions, not for other buildings incidental to the enjoyment of the property) is perfectly acceptable. But there are instances where an extension that would fit in the pd rights in terms of size but not some other requirement (there are quite a few) would not be acceptable at all. For instance, we could probably get an extension that added 50% to the ground floor of our house - even though it would go up to the boundary - because that happens to be the rear boundary of the adjoining property that side because that property is on the corner plot.

Sure it has to be case by case basis but if op's neighbour had a loft conversion, an added garage and a porch, is that considered irrelevant in a planning application for an additional extension?

Yes.

If the extension is fine, its fine, even if the extension would take it over the normal pd rights.

Good news on some parts of this. We had a surveyor around. First of all, their drawing in wrong and they submitted a map that showed part of our land as theirs.

The wall of their longer house jutting out from ours is a party wall and our face of it is about 4 inches in. Even if they got permission to build as far as their boundary, they would have to step in 4 inches in from the edge of fence on our side. Therefore we don't have to lose fence.

She filled in the application form incorrectly.

(1) She does not own all the land represented as hers on drawing.

(2) There are trees on my side within falling distance of the proposed extension.

(3) My bushes would have to be pruned to facilitate development and they have to remove fence and put up hoarding my side. Said none to be pruned or removed. I have very very mature woody wisteria which could not be replaced as is.

(4) I have a pond about 1/2 metre behind fence. There are tadpoles there at the moment and all sorts of froggie/toad/newt? through the year. The building up the boundary and the requirement for going my side would affect them. Does anyone know if they are a significant habitat. I guess they are to themselves.

I do not oppose an extension. But theirs is in my face and work will damage my property. If it was lower (no height given on drawings but looks very high), shorter (it would make seven meters of wall jutting alongside my garden fence and further in so they didn't need to destroy my little 'habitat' it may be less overpowering.

If they had not in a most cavalier way 'squatted' on the drawings as well. I don't trust them one inch now because of that boundary line.

Have you spoken to the Case Officer? If not you need to do so, now.

I am going to ring the case officer. I don't know how many of these issues are 'planning' objections as such.

Another thing There are roof windows on the extension (ground floor). I am not sure if I should be worried if they are opening ones as any noise would drift upwards near my bedrooms. They have a side return on the other side and could build a window there. The end of the extension are full length opening sliding glass doors. The back of the house can be completely open to the air. I don't know what to make of this.

Also if a new extension is built where they need to maintain it from my side, that is a continuous sore on my pond and wisteria etc. It would create a new rod for my property's back.

I wonder if the boundary line was a distraction so we would get a fright about that and not concentrate on the actual building specifications

Again, I have no objection in principle to an extension, but consideration works both ways and I seem to have a lot of dis-benefits.

Case officer gone for weekend.

Has anyone had a neighbouring development that created a new easement on theirs involuntarily? If they build a new extension, it should not become a burden on mine.

You need a chartered surveyor who specialises in the party wall act (my stepdad was one, now retired, he read the thread and said it sounds absolutely necessary from what you've described).