Party wall award without planning application, please help me!

[4Bmn]

I would appreciate any help about this, I am so stressed and unsure what to do. Adjoining neighbour served party wall as they want to do an extension. Surveyor came and now sent us the inspection papers so that an award can be issued. The problem is that neighbour has proposed an extension length that needs full planning permission, but has not applied for one. I told them so many times they need one, and it seemed like they were trying to get away from not applying. Now they seem to realise that they will have to apply through the council, but my issue is that I am in a position where I have to accept the award which contains a length of extension I do not agree with. Does signing the award mean I cannot raise the issue with the council in the future in the event that they decide not to apply for a full planning application afterall? I know it's important to have the party wall award to protect us from any building mishaps, but does accepting it mean I agree with the extension length they propose and will it stop me from disputing it in the future? I am really at a loss what to do. Surveyor says we need to accept it and extension length is a Planning Authority issue. Council says they definetely need to apply for a full planning application but can't advise me on legalities of party wall. Please help me if you can!!!!!

It's their problem, not yours. They've gone about things in the wrong order, I'd tell them to get planning permission first, then draw up the party wall agreement.

They are two separate issues.

I assume the PW Agreement just sets out the existing state of your property, so that if any damage arises you can get the neighbours to sort it. It may also include things like hours of work etc? It certainly doesn't mean that you are 'happy' with the proposal.

IF they start building without PP, contact the planning department straight away so that the y can get the Enforcement team to look into it. How big is hte extension they are planning, and they detached?

You can certainly still object to any planning application that might be submitted in the future.

IF the PWA refers to a 'different' building proposal, they may have to re-do the Agreement, but I'm not an expert on that.

Thanks both for your replies! semi-detached. We both already have an extension that is 3metres and within what council allows. They put 3.50 in their plans.

So they are extending a further 3.5m on top of the existing 3m, or it's 3.5m in total?

Seeline, yes, agreements sets out condition of our property in case it is damaged as a result of their building work.

Are you quite sure that I can object in the future? Thanks!

Yes, 3.5 metres in total

OK - so it doesn't actually need full planning permission, but will need to go through a process of prior notification .

Is it a single storey extension ? If so then 3.5m is likely within permitted development. The 3m is for two story extensions.

It's single storey, but I contacted my council and they said that anything over 3m must certainly go through full planning application process.

Council mentioned neighbours on both sides must be consulted, so that does sound a bit like Prior Notification maybe

I think neighbours on other side will be quite affected as proposed extension will face their kitchen window and only a small gap between 2 properties, but I don't know if they even know about this.

Steve the Party Wall surveyor here. The party wall award and planning consent are mutually exclusive. The party wall act grants rights to build walls / work on walls etc regardless of whether there is statutory consent to do so. BUT most awards contain a provision that will say something like "The whole of the works shall be carried out in compliance with the provisions of all relevant statutory requirements" and that is the clause you could rely on to restrict the work if planning consent isn't granted. That said enforcing awards is not easy and can be expensive. I would always advise every case on its merits and you best course of action here would be to contact the planning authority and if work is underway ask them to serve a temporary stop notice (google this for more info).