Please help Party Wall Act scaffolding

[Turningandturning]

A developer bought house next to mine and has planning permission to extend right up to dividing fence. I opposed it, with help of councillor, but it was passed. Neighbours were afraid to protest as developer is well known as a very difficult man.
I’ve found a Party Wall Surveyor who will help but am worrying so much.
I think the fence will have to be taken down and scaffolding erected in my garden as building will go right up to dividing fence. This will prevent access to side of house and back door. After that is a garden I’ve worked on for years with flowering bushes, bulbs, flowering plants and plants climbing up trellises. There’s no space for scaffolding and that and builders will destroy the garden.
The planning permission ends on 30 September so something should happen soon. Developer told me about 2 months ago he was going to start foundations. I told him about pw act and have heard nothing since.
I know the pw surveyor will help but I’m worrying so much and it seems I have no options.
I can’t speak to developer as he just shouts.
It just seems that my house access and garden can be destroyed and there’s nothing I can do. Every time I hear a mechanical noise like a drill, or even lawnmower, I rush to see what is happening. I’ve even cancelled going away this summer as afraid of what may happen if I’m not here.
Sorry this is so long. Any advice would be so very much appreciated.

Has he given you official notice of his intent to commence work? If he doesn’t follow the correct process for a PWA you can insist that he stops work until that is finalised.

The fence will need to come down if he is building right on the boundary, however, he will have to ‘make good’ any damage. What exactly ‘make good’ means is open to interpretation.

I’d suggest you take photos of absolutely everything OP - all the lovely flowers in your mature garden beds etc. Your PW surveyor will also do this but only one of the pair does them and our neighbours surveyor missed out some key photographs. One would hope that ‘making good’ for your flower beds included replacement of any plants they damage.

You do not have to give permission for scaffolding on your property regardless of planning permission and I wouldn't give it. It can invalidate your own insurance and cause many problems.

If it is not a necessary repair, do you even have to agree to let them erect scaffolding on your property?

that wouldn’t remove all concern about damages, but at least one headache.

I believe you do not have to give access on your property to erect scaffolding as it is an enhancement to the neighbors property, not essential maintenance.
However the extension will be built regardless, they can build it overhand, which usually results in less pleasant aesthetics for you to look at.
You can also charge them to use your land.
Speak to your insurance company or a solicitor.

Thank you everyone.
It would be really good if they didn’t have to come on my land. Does anyone know how I would find out ?
Would it have to wait for the party wall surveyor or as it’s so complicated would it be better to get him come and look now before
I get notice of intention to start work?
One thing concerning me is if they do put scaffolding on my land is the time frame and how it can be enforced.
This developer guy is seriously bad. He’s been building 2 houses nearby for at least 6 years and they are nowhere near finished.

You only have to allow access for repairs and maintenance, which this is not. So you do not have to allow access.

Re PW the developer should pay for this, not you, and it needs to happen before work starts. It may not be relevant though, it is not clear from your post if it is necessary.

Thank you @MoonGeek and apologies I didn’t reply sooner. Got caught up in a family crisis.
I sent copies of the planning application to the PW Surveyor who said he would act for me so guess it’s necessary. Apart from anything else the foundations are going to be really close to my house.