Neighbours proposed extension close to our foundations

[Daddylonglegs1965]

I posted last week but it was a long emotive post I will try and omit much of that detail.
We live in a 1930’s semi in a nice area and our adjoining neighbours (who we are civil to but not on the best of terms with) are planning an extension.
They didn’t speak to us about the proposed extension and we have raised an objection within the timescale and we are waiting to hear about this. Tomorrow is the deadline for receiving objections.
Our existing extension quite small in comparison (completed by the previous occupants) has been standing for almost 25 years yet this is not shown on the drawings we were sent? On the drawings sent they are planning to build right up to the boundary fence and as far out as they possibly can 6 metres (a lot further out than our existing extension) with a pitched glass roof. In our appeal we have stated

1. Our existing extension of over 25 years is not shown on any of the drawings and it is likely to be affected.
2. it looks like our extension foundations will be impacted (as they are planning to build right up to the boundary) raised concerns about drainage issues etc
3. other issues are blocking and reducing our LIGHT and affecting PRIVACY by overlooking our main living space and garden and possibly our daughters bedroom.
4. we have said we are concerned about the size and scale of the extension.
5. If he is planning on building so close it could impact on our foundations and property in terms of drainage and water damage.

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 phoned our local planning office yesterday to raise my concerns and the planner was as unsympathetic as it would be possible to be and said she didn’t think our objection would be valid but she would speak to her manager and she didn’t think a sight visit was necessary and I should have a look at the party wall act which isn’t a planning matter. I have looked at the party wall act and if they are planning to build so close to our extension then it is valid. Has anyone had any experience of this and is it up to us to knock on his door and say he needs to get a party wall act drawn up before he can start to build or how do these things work in practice please? I know he should cover the cost of this (which I know he will be annoyed about and reluctant to do) as it could delay his build but where do we start? Thanks

Hi. I work for a very large construction company. All you do is contact a local party wall act surveyor and they will do the rest. They also charge the neighbour for this service as they will need your permission to use the party wall. That's not to say they can't still go ahead without it but that's a long drawn out process and can delay works.

Seeleyboo - in our situation (with our foundations potentially being impacted) would you recommend us going ahead and doing this now even before a planning decision is reached? Also surely if we contact a local party wall act surveyor would we not have to pay the costs?

The work will need to comply with the Party Wall Act. It may be that the foundations they propose are deemed "Special Foundations", in which case they need your permission to do the work (but it can be a bit confusing over what special foundations actually are).

There is no point getting a surveyor in now. The planning is separate from the party wall act. And if you did get someone now you would have to pay for it. If you wait for them to make a party wall application then they have to pay for the surveyor you appoint.

No advice OP but I definitely support you in fighting this. We also used to live in a 1930s semi and the next door neighbors built a very similar sounding extension to the one your neighbors are planning. It was awful, it ruined our outlook from our patio doors in the lounge. All we could see was a huge brick wall - which they painted bright pink!! I literally cried when I saw how it was going to turn out. We sold our house and moved because we couldn’t bear it.

As the pp stated, however they may not apply for a party wall and try to avoid it. Once planning has gone through appoint one then and in either case the neighbour pays the surveyor. They want to assess the situation before and may advise you to allow permissions but they will also check after. Any damage and the neighbour is liable. Any movement etc or just damage to you home inside.

Thanks will we be notified that planning has gone through or not and if so how long does this usually take or is it just a case of keep watching the planning portal?

DH has phoned them said they said absolutely nothing they can do to prevent the build due to changes in the planning laws.
Said they would maybe put a recommendation for them to have a party wall survey but that was about it!!!
@Seeleyboo that is my fear. Although they may paint theirs bright blue to match the chavtastic lights inset into the wall on the front and goodness knows what bright OTT hideous lights they will attach to their new extension which will wind me up when trying to relax and watch TV with subtle background lighting. If I could afford to move anywhere in the area we are in I most definitely would.

They can't start building unless they get planning permission. In our case it took our neighbours over 6 months due to the backlog at the council. The council should let you know as you objected. They could make it smaller and have it under permitted development, but they will still need a party wall award if they want to build near the boundary.

Thanks thats what I would have thought @claire697 but our planners sound like a bunch of numpties who are perspired to sit back on their laurels rather than getting their hands dirty and doing any actual work.

I am a building surveyor.

Extension foundations abut all the time. It isn't a big deal as long as they excavate to the invert level of yours and if necessary, dig out sequentially. This detail will be in your party wall award.

@claire697 you don't need planning permission now if extension is 6 metres or less.

This is a useful link:

www.planningportal.co.uk/info/200130/common_projects/17/extensions

@EdWinchester - next door neighbour has form for doing whatever he likes.
He has had men installing boxed guttering after hours probably ‘a foreigner’ last week working until 8.30pm at night. Etc etc
He will no doubt try to avoid paying for a party wall agreement and bypass this and. we won’t know what he is doing with his foundations and drainage.

There’s a bit of a gap between having men working on there own time after five and being willing to compromise the drainage and foundations of an adjoining house. Why don’t you go and talk to them about your concerns? Stick to the foundations and drainage because you’re not going to block the planning permission on the grounds you’ve mentioned.

It's not true that you can extend 6m without planning permission these days. Only if no neighbours object.

who told you that your foundations would be affected?
they will no doubt put obscured glass in the window overlooking your dd bedroom.

Foreigners doing work on their house! Deport them all. You lost me at that point OP. Sorry about your issues, but you might need to speak to the neighbours and voice your concerns face to face. I would.

@outsomnia it’s a northern term meaning. Mates rates/work men doing a job for a mate at a reduced rate and after hours.

Lol I knew exactly what OP meant by doing a foreigner but I haven’t heard that term for years!

Oh ok @Daddylonglegs1965. Thanks I just read it as posted.

So a foreigner is a person on mate's rates working outside of his/her normal working hours for a mate in Northern Parlance?

Fascinating information on here. Never knew that!

I wrote on your last thread about this. Your neighbours MUST inform you of the proposed work and ask you to sign a party wall agreement. You have 14 days to reply. If you refuse to or the 14 days lapse you are in dispute and they must appoint a surveyor. You can insist that you have your own surveyor. They have to pay for this.
If they do not give you a party notice to sign, then you can get a solicitor to stop the work until they do. They will have to pay for this as they should have served the notice.

What a nightmare, OP!

I'm really shocked that the council can't do anything about a 6 meter extension.

Paramicha - no one told us our foundations would be definitely affected but we are concerned about this as our properties are semis and attached (our extension is slightly inset at the boundary but he is planning to build right up to the boundary fence) but hasn’t thought about installing or maintaining any drainage and how his build might affect it our extension building and our foundations. He built a wall on the front we had offered to go half on a new fence but he insisted on building a wall but didn’t start it for 4 years after our initial conversation. He started it 2 years ago and it still isn’t finished. He had the wall on his front built first then as they were about to start on the side wall he asked DH if he could build his wall on our side because of the joint drain pipe in the way of his wall. DH said I would prefer it built on your side. So he built his wall down directly down the middle with about an 8 inch gap for the drain pipe which looks hideous especially as we can see have a direct view into their unkempt parking/front area. I won’t say garden.

Thanks Pipandmum but what if he doesn’t do this and starts work without one? I wouldn’t put it past him.

@ghostofharrenhal yes I'm aware of the 6m rule, but you can only build if no neighbours object. Sadly as we found out it will likely get approved at some point unless there's a strong reason for objection but in our case it took over 6 months.

Only bit of positivity I can offer is that the extension might be more expensive than they thought and I decide not to do it in the end even once they have their permission.