Advice needed re neighbour's plans to build a rear extension

[bodgerthebadger]

Hi. I'd really appreciate some advice here as to my options. Our new neighbours have moved in and have just informed us that they are planning major building works. Okay, not ideal as they say that the works will go on all summer and I have a newborn and toddler so I'm thinking that naps will go out the window then as well as privacy in our garden. The older owners had previously carried out building works for a few months and the noise, dust that carried over to our windows and lack of privacy in the garden (with builders overlooking us) was a irritating but something we had to put up with.

Now, I get that whilst the building works all summer will be irritating for us, it's not unreasonable for them to want to renovate their property. However, what we are concerned about is that they are planning to fully extend their rear kitchen so that it extends more than 3m beyond our kitchen (our houses are set out the same). The issue we have with this is that (a) we partially lose both view and light as the extension will obstruct this, and (b) since the extension will run the entire length of our decking, when we sit out in our garden our view will now be of a bricks and mortar wall :-(

We don't want to fall out with our neighbours as they are nice people and it is always preferable to have good neighbourly relations. We have expressed our concern already about losing light and view but they still plan to fully extend. When the previous owners carried out their building works, we lost a fair bit of light and view then which was annoying as the building works were announced the first week we moved in (the vendors of our house had failed to notify us that they had received notice of these works). So I guess we feel that we're going to lose yet more light/views and feel even more hemmed in.

Legally, I don't think we have grounds for opposing the application as the obstruction of light/view would need to be significant. We could go to mediation to get them to change their plans but then the cost and stress of this when there's no guaranteed favourable outcome and the cost to neighbourly relations makes me think this isn't a desirable option either.

We're just so upset about our neighbours plans. We haven't lived in our house for very long either.

In our shoes, what would mumsnetters advise that we do? We have been honest with our neighbours in expressing our concern but if they intend to stick with their plans to extend so far out, what real options do we have left?

Sorry for the long post and appreciate any advice or guidance that mumsnetters can give. Thanks!

I think you would need to find out if they have any form of right to go through your garden. But certainly any damage should be remediated in any case. Warning: I am not a lawyer and don't know what your deeds say!

Thanks everyone who posted with advice. Definitely some good ideas there. I have been trying (unsuccessfully) to speak to someone at my local council planning department but nobody ever seems to pick up. Think a visit to the office is in order to see if I have better luck that way.

I've now looked into permitted planning and note that 3m extensions are allowed. So now I'm confused as the neighbours definitely did say that it wouldn't be more than 3m yet they also said they would definitely need to submit planning permission, which is why they wanted to give me a heads up. So I now fear it could be more than 3m!

They wanted my informal consent in advance but I have asked to see the architectural plans first as all I have to go on at the moment is what they tell me. Until I see the drawings, I won't know.

Agree with the posters who suggested I extend at the same time. It would be nice only we're a little strapped for cash at the moment especially with two kids and only getting SMP fairly soon and no salary!

Sounds like the consensus is though that if 3m then it's going to go ahead anyway so it sounds like I need to make peace with this and see what little things I can do to lessen the impact. Neighbourly relations are important to us and, from what we've seen, they seem like nice people.

Yes, through the garden is what is normally agreed unless there is no other way for some reason. Your fence will be down so it really just means allowing them on your property.

It is a pain though not to have use of your garden in the summer. A lot of people do work then though as there is less chance of weather delays.

They might need permission based on already having the loft conversion. You can extend a certain number of cubic metres within the 3m boundary so if they have, for example, used up 10 cubic metres on the loft then they may exceed the allowance on the extension.

I don't think the restriction on cubic metres applies anymore? they now concentrate more on the width and height and percentage of garden used?

Having built a rear extension myself (detached, off set from others, hidden behind a neighbour's garage, approved by neighbours etc which is why we bought this house) there is no way I would allow builders into my garden for someone else's extension.

Your garden would be a mess afterwards and I would want it written into the contract that if they do access your garden they will put it back to what it was.

Also take photos/video of what your boundary looks like between you and your neighbour now and state (nicely) that you want that put back to how it looks now when the build is complete.

The roof pitch is always the tricky one if they do out more than 3m. Our extension slopes away from the house and the angle of drainage for our tiles meant that the roofline comes in below the upstairs window line.

They might have to apply for planning because of the loft conversion. Is there anything on that application that states they have to do X,Y,Z if they want to develop the property further?

You could try to argue over development of the property but it would depend on the council.

Screening with planting is always a good way to ensure privacy after the build. Bamboo is classed as a grass so does not come under the high hedge act. Plus there are lots of nurseries offering instant hedging.

As someone who is trying to get a side return extension through planning, please go and speak to your neighbours and be honest with them how you feel? Ask them for plans, light fall drawings, whether they would consider reducing the eaves height, can they do a shared wall on the boundary so you could extend later (saving you some foundation work), new fences etc?

We talked through our plans with our neighbour a number of times, were happy to amend all the above, he said he wouldn't object and then he got the letter from the council and decided to object anyway. If he had been honest with us we would have really worked with him to resolve his issues so we could save ourselves the hassle and time of having to resubmit drawings multiple times. It has also ruined our relationship with him.

We have an extension under permitted development but applied for planning permission prior to starting. The aim was to ensure we met pd requirements and to have the plans signed off prior to building control inspection. We have aready had a two storey side extension and our rear extension permission was not affected by the side extension, I believe that ruling re area has relaxed. I personally would be careful of access through your garden. Our extension is purely for our selfish benefit so I am trying not to impact on the neighbours but the fence is down and has temporary netting in place. Any damage is being made good, ie when a delivery lorry backed into their brick wall but some things are out of your neighbours control.

Exactly 2plus1. Many people go for a Certificate of Lawfulness when they do work under PD. The planning department just rubberstamps that the design meets the criteria so everyone knows its being designed according to the lastest rules / law.

Granting access isn't option-- you have to. However, any damage caused does need to be fixed. Getting compensation for allowing access is very unlikely unlessyou can show actual losses

What happens though LondonGirl if it was the middle terrace that was doing the extension...they would be able to go through four properties to do their extension?

We've just done work in our terrace and everything needed to come through our house. At no point was the possibility of going over the other terrace gardens suggested and if we were asked to allow access we would refuse. Our builders trashed out garden and I wouldn't impose that on my neighbours!

We do have a right of way at the rear but the neighbours who own it are incredibly awkward and ensure they are out on the days access has been agreed. (Access is paved road so no damage to garden)

You only can get access if you need to and there is no other way. Typically its not necessary. However, for instance, doing certain foundation work near the boundary will require removing some of your neighbours paving which of course means accessing their property.