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Freeholder building in roof above our flat

2 replies

lizbiz1000 · 20/09/2017 11:48

Hi, Just wondering if anyone has any advise on the below.
We are one of two top floor flats in a block of 6 flats. We have just found out that the freeholder has been granted planning permission to build another flat above us. From asking all 6 flats none of us received a letter from Wandsworth council informing us of the plans and they are now saying its too late to comment as permission has been granted.
I thought neighbours had to be informed a planning applications - does anyone know what the process is to complain? Wandsworth are being very unhelpful.
If the build does go head, does the Party Wall act apply for ceilings? We are worried about damage from above once they start the build. Also our neighbour's boiler is currently housed within the roof (has been for may years) so should the freeholder have pay to move it?
Any comments or previous experience appreciated!
Thanks

OP posts:
5rivers7hills · 20/09/2017 12:20

We are one of two top floor flats in a block of 6 flats.

How totally shit that the freeholder can do this! It will devalue your property - being top floor is attractive.

wheresmyphone · 20/09/2017 12:27

Am total amateur in this but I thought councils have a statutory duty to consult re planning permission. Not sure if citizens advice help with this sort of thing but I do think it worth asking or at least finding a solicitor. If they have given permission without consultation I think they would have to at least "put it on hold" if they have failed their statutory duty. The fact that no one out of 6 flats were consulted is helpful to you. And if you are consulted you can ask the planning Department to rule what happens to boiler etc. And yes, party wall stuff I think will apply. As I say I am an amateur but it does not sound right. Neighbours of ours have been embroiled in 2 years of arguments re freeholder extending, though sideways, not above. They have fought party wall issues every step of way and have scuppered stuff so far. Good luck!

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