Town planners

[Anotherdayanother2]

Does anyone know whether town planners would contact neighbours who have objected to plans for clarification or comments from independent surveyors?

My new neighbour put plans in to do an extension off of a party wall I built (pwa with previous owner). However to avoid having to get a party wall agreement with me they claim they will build away from the wall (at what distance I do not know).

However, as I've notified the planning department of the departure to these plans along with correspondence from owner and my own surveyor I was wondering how much weight this would have to lead to plans being rejected and whether planners would contact me to seek clarification?

Yes if it requires planning consent. We have just been notified of some neighbours at the back and not even directly behind applying for planning

Sorry let me clarify, what I meant is not just notifying neighbours of potential plans but the step after when neighbours are now aware of plans and have made comment to the portal either objecting or supporting. Do planners contact those who have objector or do they go only by what is written?

I believe they go with what is written. In relation to the example I gave you, there have been objections and e main one has clearly had advice on what was written but no response from planning. It appears they go in the submission so you have to get it right. You just check the portal

No they won't contact you

PWAs are nothing to do with the planning system.

If the Council receive a new application for a revised scheme they should contact you in the usual way.

So they’ve applied for planning permission for an extension which adjoins yours, but have told you (in writing? In person?) that in fact they’re going to depart from their plans and build non adjoining. And you’ve told the council of this.

1. In theory planning dept should probably ask them for revised plans, reflecting their new non adjoining proposals, but they may not bother especially if the revised plan does not raise any new planning concerns (ie it’s not a bigger extension, different materials, blocking more light etc)

2. I believe the Party Wall act will still apply if they are digging foundations within 3m from your house.

@minipie

So they’ve applied for planning permission for an extension which adjoins yours, but have told you (in writing? In person?) that in fact they’re going to depart from their plans and build non adjoining. And you’ve told the council of this.

1. In theory planning dept should probably ask them for revised plans, reflecting their new non adjoining proposals, but they may not bother especially if the revised plan does not raise any new planning concerns (ie it’s not a bigger extension, different materials, blocking more light etc)

2. I believe the Party Wall act will still apply if they are digging foundations within 3m from your house.

Yes minipie you have nailed exactly the issue. I think the rule is within 3 metres and below my foundations, which they are claiming they won't be do. Although I don't even know how they would guarantee that.

I have the notice from neighbour in a text message and also I had a party wall surveyor contact neighbour and builders and have his comment in an email that I have also sent to planning, plus surveyor's email address and contact details.

I was hoping that this would be enough for planing to reject plans (I've also noted other issues), as neighbour refuses to engage in the party wall process and why the reason they have changed plans to build away from the wall.

My only other route is the legal route to get an injunction which is another whole issue/cost/time.

Any ideas of what else can be done?

Also I am in a conservation area so not using my wall will mean our current semi detached properties become detached. Is that material enough from a planning point of view. I believe they want to step away by 30 cm leading to all sorts of maintenance issues.

The PW issues are nothing to do with the planners.

If your neighbours start building not in accordance with the approved plans then you need to contact the planning enforcement team. Until that point, the Council cannot do anything.

So basically my options are.

1. Injunction in the absence of a pwa
2. Wait for them to build and then notify enforcement team
3. Hope that the planning is rejected on other grounds

I don't understand- your neighbours have said they will build far enough away not to require a party wall agreement so they are altering their approved plans? Or are they not yet approved? And how does building and extension make it detached? Surely the houses as they are now are semis and that doesn't change.
I don't understand your basic objection. Are you objecting to the extension no matter what? Or don't you believe they will build it far enough away to not disturb your wall and foundations?
If they are not following the approved plans I suppose you can raise that, but if they are building away from you what's the issue?

Has PP been granted for anything?

The planning department can only determine the application that has been submitted.

No decision has been made.

If they don't use my wall then their extension will become a detached property at the point of the extension. The land is not wide enough for them to build 3 metres away to circumvent the need for a party wall agreement. Basically I cannot trust what they are doing or believe what they say they won't do to protect my property.

They had initially started works without planning. Had sent builders over to tell me that they didn't need planning and I spent weeks arguing with them and telling them that permitted development does not apply in our area. They hastily put in some plans, which has various other issues.

It’s not going to make your properties detached. it just means part is attached and part is not. And if conservation rules would allow an attached extension I imagine it would allow an extension with a slight gap too.

You’re right that maintenance with a small gap is a headache. Your best bet is to ensure weatherproofing is installed across the top of the gap to stop water and other stuff going into the gap. But that isn’t an obligation and will require cooperation with the neighbour.

You’re right that the pwa only applies if they go lower. If they are building something similar to your extension then I imagine the foundations would be similar depth. Unless you’re on a hill and they are lower down or something.

Is there anything else they are doing that might cause the PWA to come into play? Removing chimney breasts or moving structural walls that adjoin the party wall?

The road does run downward so that their property sits on a lower gradient (so even if they dug only 2 metres it would be lower than mine).

That's the issue though, they only bought in March this yr so I have absolutely no details aside from what has been submitted on the portal.

They had started to remove a joint chimney above roof level (again against planning guidelines in our area) and aside from the fact that half of it belongs to me without even speaking to me about it. That was another two weeks of arguments.

They are just not engaging and are just trying to bend rules and hope that they can bully me into submission.

You'll see from another one of my post about this neighbour telling me that they will make my life hell on first meeting me as they hadn't quite grasped the concept of a party wall sitting astride the line of junction that I had built for my extension and with agreement from the previous owner. From there is has just snowballed.

Because of this I am constantly on edge about what next they will do and damage my property.

I just don't understand why they just wouldn't serve notice, instead of changing their design post planning - which makes me question their integrity even more.

Various possible reasons

a) they want to avoid paying party wall surveyors
b) they want to avoid delay - they’d have to wait 2 months from notice date before starting work, unless you consent to earlier
c) they are worried you’ll use the PW process to make things difficult

If it’s b) and c) then it may be possible to overcome this by reassuring them that you don’t intend to delay the work, you just want to ensure no damage

In your shoes I would contact them saying

• you’d prefer adjoining extension as per the pp plans rather than a 30cm gap which raises maintenance concerns
• you think the PWA applies anyway as they are lower down the hill so surely will be digging lower, so 30cm gap won’t avoid the PWA
• you would be happy to waive the 2 month period
• you would be happy to share a joint surveyor (reduces their costs) as long as it’s a reputable surveyor