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Nightmare neighbours extension

34 replies

Daddylonglegs1965 · 10/07/2019 18:45

Our neighbours are planning an extension. We raised an objection at the end of last week within the timescale and we are waiting to hear about this. As our existing extension (completed by previous occupants) of over 20 years is not shown on the drawings, they are planning to build right up to the boundary fence as far out as they possibly can 6 metres (a lot further out than our extension is) with a pitched glass roof in the centre, potentially impacting our foundations, our property (as he has not thought about drainage water damage), they will potentially be overlooking our main living area, reducing our light in our main living area open plan lounge/kitchen diner and our garden patio area and directly below our daughters bedroom. I dread to think what kind of gaudy annoying lighting system he will install.

He has some cowboy builders installing boxed guttering tonight now. I came in from work at 5.30pm they started at 5.45pm putting scaffolding up banging and clattering and some pieces fell into our garden so I daren’t open the patio doors to let the dog out or take out the recycling.
For context in the front they started to build a wall on the two years ago which they still isn’t finished. He forgot about the drainage pipes so their is a gap between the wall and our houses. They have had weeds, gravel, an old rotten toddler seesaw etc (their youngest DD is at secondary school) and a pile of bricks covered in tarpaulin in the front garden since then. They also installed tacky coloured lights into the wall which illuminated the old car on the drive, the gravel, weeds and pile of bricks. If we go to bed before they do I have to wear an eye mask as the coloured lights shine through the tiny slithers of space between our blackout blinds in our bedroom. They also shine through annoyingly if we are in the front room and they are unnecessarily bright.
In the back they also have extremely bright lights installed which we call ‘flood lights’ as they are not dis similar to illuminate all the dog shit which they never pick up. The lights are quite distracting if your trying to watch a film with subtle lighting on a night and we have no curtains or blinds on our patio doors.

If we have put an objection in what happens next? They have told another neighbour they want to start work on the extension ASAP. I am dreading it I work part time and have taken extra days off in the holidays to spend some time with older kids and am now envisaging having to go out everyday for the noise and mess and not being able to go into our garden or put washing out. I can imagine him getting jobs done as a foreigner so expect noise levels to be high on an evening and at weekends. DH also thinks the workmen maybe in our garden to build their extension? Do they have to ask for permission to do this in advance as we also have a dog but a nice quiet one whereas they have two big boisterous quite ferocious looking dogs. Thanks

OP posts:
Bluntness100 · 10/07/2019 18:52

I can imagine him getting jobs done as a foreigner so expect noise levels to be high on an evening and at weekends

What does this mean? Grammatically it makes no sense.

Burlea · 10/07/2019 19:00

Bluntness100 it means he will be paying cash in hand and not through a proper building company. That's why someone might be working in the evening.

Lunaballoon · 10/07/2019 19:01

Have you signed any party wall agreement?

endofthelinefinally · 10/07/2019 19:04

There has to be a party wall survey and agreement by law. They need planning permission.
Having said that, I have known councips grant retrospective permission even when the extenders have clearly broken the law.
Contact the planning department and your MP.

Daddylonglegs1965 · 10/07/2019 19:11

The house is a 1930’s house I am not aware that we have signed anything definitely not in the 20 years we have lived here.
Yes jobs done as a foreigner are often by mates and at mates rate as and when they are available so even our evenings and weekends will be permeated with noise. It’s still going on now.

OP posts:
PinkOboe · 10/07/2019 19:11

Their permission will only be refused if it breaches planning conditions. Which it might but it might not. Gen up on the NPPF, your local neighborhood plan, or core strategy if no neighborhood plan and make your objection based on facts rather than emotion

Lunaballoon · 10/07/2019 19:14

The age of the house doesn’t matter, any major building works on the boundary require a party wall agreement.

norrismcwhirtersfridgemagnet · 10/07/2019 19:37

You need to contact the planning dept at your local council and explain what's going on. They will inspect and probably injunction the work until planning permission, party wall and building control are in place. Works can only be carried out during permitted hours - as detailed on your council's website. You don't need to put up with this!

Daddylonglegs1965 · 10/07/2019 19:43

Thanks all we have put an objection in now DH based on facts and he’s much less emotive than me. They are still here banging and clattering.

OP posts:
Hecateh · 10/07/2019 19:52

If your objection is valid then the planning permission will either be refused or will go to committee. If it goes to committee then you can tell them you want to present your case. You will then get 5 minutes at the meeting to present your case.
To be valid your objection has to demonstrate the impact on you inline with planning. That is things like - you are not entitled to a view. You are entitled to light. I hope your objection stated that your existing extension isn't shown and that the new extension planned affects your light.
For my new build we had to put a soakaway in the garden to take the rainwater from the roof as it is no longer allowed to go in the sewers but I don't know if this applies to extensions. the drainage will definitely have to meet building control though and cannot just fall off the roof onto the ground.
My advice would be to look on your local authorities planning portal and look at what has and hasn't been passed and the reasons why, when not passed. It's a good indication of how your council views extensions and you can see if any of the reasons that planning has been denied apply to your neighbours build.
With my newbuild some neighbours objected about access difficulties during the build for example - this is not a reason for planning to be denied, it would only be an issue if the new property caused ongoing issues. (And there were few problems. Pouring the concrete meant a brief road closure but I kept people informed).

70isaLimitNotaTarget · 10/07/2019 20:05

The times at which noisy work is allowed does differ across the country because the Control of Pollution Act 1974 gave Local Authorities the power to control noise from construction sites and similar areas. Whilst these do vary across different councils, the standard hours during which noisy work is acceptable are… Monday – Friday: 8am – 6pm Saturday: 8am – 1pm Sunday of Bank Holiday: No noisy work

Worth looking at your local authority guidelines .
If you notice an excessive noise out of the permitted hours report it . Otherwise they'll be there all hours !

Mummyshark2018 · 10/07/2019 20:55

Our neighbour objected and we had to get a party wall agreement drawn up by a quantity Surveyor. If you share a wall with a neighbour then my understanding is they have to do as above if you object.

Pipandmum · 10/07/2019 21:06

If they intend to build within a metre of your boundary they need a party wall agreement. You do not have to sign this. You have the right to request an independent surveyor to look at things like your foundations and how their new building will affect yours. They have to pay for this. Then if any damage is done it will be in record and they have to pay to remedy it.
They have no right to put scaffolding on your property or access it for a new extension. They do have a right if it was for essential repairs ( but do have to inform you etc) to existing building. What do the neighbours on the other side think?

Noroof · 10/07/2019 21:18

You really like them eh? 😂😂😂

Summertimeatthebeach · 10/07/2019 21:23

Bet they stick a hot tub in there also!!

LIZS · 10/07/2019 21:26

There are specific grounds on which an objection is likely to be upheld, but your post does not address them.

Daddylonglegs1965 · 11/07/2019 07:57

We are in a semi and we are the adjoining neighbour unfortunately. The work won’t really affect the other side and I haven’t seen them to speak to. Although I suspect they won’t object as it affects them less and they have had to live with a half built wall on their side for almost two years (probably so he can get building materials to the rear of the property).
Our objections were to do with light, drainage, being overlooked in our main living area, damage to foundations etc.
Yes I can definitely imagine a hot tub with a speaker and flashing bright coloured lights.

OP posts:
Movinghouseatlast · 11/07/2019 08:49

If he is building up to the boundary there should be a party wall agreement in place. However if he doesn't get one there is no comeback at all unless you pay for an injunction stop work while one is obtained.

A party wall agreement ensures that if there is any damage to your property he pays. You MUST ensure, no matter how much he moans, that money is out into an escrow account so that it is held in the event of damage.

You need to do a lot of reading on the party wall act. He will have to pay for a party wall surveyor.

Unfortunately the Party Wall Actallows his builders to use your garden, however it must be tightly agreed and In writing and damage repaired.

My neighbour did the same as yours. Refused to get party wall, started work quickly so we couldn't stop him without an injunction, ruined our garden, dug through our shared water people and refused to pay a single penny to us.

The builders built until 9pm 7 days a week all through a beautiful summer.

We moved in the end. I couldn't stay next door to someone who has such little respect for me. He still owes us money for the damage hedid.

Make sure everything is fine by the book, Donny let him wriggle out.

Chickencellar · 11/07/2019 09:08

I'm not sure drainage and foundations are a planning matter. Does sound like a nightmare neighbour , I would consider moving.

LIZS · 11/07/2019 09:52

Our objections were to do with light, drainage, being overlooked in our main living area, damage to foundations etc.

Unfortunately these are not solid grounds for objection or ones which could not be addressed ie. Obscured glass on facing side or to comply with building regs.

FrancisCrawford · 11/07/2019 09:55

This reply has been deleted

Message withdrawn at poster's request.

Daddylonglegs1965 · 11/07/2019 10:01

We are in England. I would move if I could afford to we live in a nice area with nice people he is the exception, few houses come up for sale and internally we have spent quite a lot and done quite a lot to the house.
What is grounds to object to planning permission LIZS. Surely building so close to the boundary is one, blocking our light and with I’ll thought out plans risking damaging our foundations and property.

OP posts:
LIZS · 11/07/2019 10:09

https://www.richmond.gov.uk/whatissavaliddobjectiontooaplanninggapplication

Gives you an idea of some of the valid grounds - Your la may have a similar list. It may be that ndn expects to make some compromises and has put in more extensive plans on the off chance.

Daddylonglegs1965 · 11/07/2019 11:37

Thanks LIZS we have raised concerns about; loss of light and overshadowing of our main living space and patio area, Loss of privacy of main living space and daughters bedroom (as I wants to put a glass roof on) and concerns about the proposed layout as it is a very large extension, DH had also mentioned concerns about no party wall agreement. Hopefully, we’ll have it covered 🤞 . The Scaffolding is still in situ this morning. I phoned the planner who is on annual leave she is supposedly going to call me on Monday #dreading it

OP posts:
SaveKevin · 11/07/2019 11:47

If it’s like my area, planning will be granted with conditions. They will be broken to do what they want, you’ll ring the council getting yourself in a knot and the council will still do fuck all despite the extension being taller, bigger and more intrusive than what was granted.

Sorry I know that’s not what you want to hear. Best advice I can give, try not to let it wind you up, you follow the rules as they are good rules for a reason, yet others don’t seem to and nothing happens there are no consequences (which is why they carry on regardless).
So try not to let it eat you up, it will become obessessive and no good will come of it. Keep up with decent fact based objections, but don’t let it take over your life.