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12-03-2012, 16:58   #1
phester28
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cavity party wall, partial demolition

I am in the process of building demolishing and rebuilding a small extension out the back of my semi D house. It is planning exempt. and I have employed engineers.

But it takes them an age to get back to me for this small project.

I have one area of concern. The party wall to my neighbors extension (both single story) is a cavity 100mm wall. both built at different times. my side is around 1950 and the neighbors 1991. My side is twisting away from the original house. therefor I want to demolish this too when I rebuild my extension.

We are using supergrund from aerobord for a raft foundation but this does not allow the ringbeam down the party wall side.

Is it possible to batten and slab and re insulate to the back of their side of the party wall or can anyone suggest other methods to read up while the engineers continue to do whatever they currently are doing
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12-03-2012, 21:55   #2
DOCARCH
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Firstly phester, are you sure what you are doing is exempt from the requirement to obtain planning permission?

From what you have said/indicated, if your existing extension butted your neighbours extension, you actually need planning permission to demolish the existing extension!

I don't have direct link (atm) but you need to look at Class 50 of the exempted development regulations as revised in 2008.

Last edited by DOCARCH; 12-03-2012 at 21:59.
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12-03-2012, 23:07   #3
muffler
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Quote:
Originally Posted by DOCARCH View Post
Firstly phester, are you sure what you are doing is exempt from the requirement to obtain planning permission?

From what you have said/indicated, if your existing extension butted your neighbours extension, you actually need planning permission to demolish the existing extension!

I don't have direct link (atm) but you need to look at Class 50 of the exempted development regulations as revised in 2008.
Yes, the 2008 regs cover this. See S.I. No. 235 of 2008 - Class 50 as stated
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13-03-2012, 06:56   #4
DOCARCH
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That's the one Muffler.

Basically, you can carry out demolition of part of a habitable house in connection with the provision of an extension/exempted development, however, no such building or buildings shall abut on another building in separate ownership.
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13-03-2012, 09:18   #5
phester28
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that's unusual because the 3 architects which also were tendering for the job also said that provisionally without actually measuring the area it looks like I would be exempt from planning

While obviously both of our extensions on our semiD house abut each other

The engineers have given me assurances that they will provide cert of compliance and completion of the work?

now I am confused on what to do especially after paying them
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13-03-2012, 10:05   #6
muffler
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Building and Planning Regulations are constantly changing and in fairness its difficult to keep up with the endless flow of amendments. But you have the details now and you can point this out to your architect.
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13-03-2012, 10:06   #7
DOCARCH
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now I am confused on what to do especially after paying them
You should ask them and highlight S.I. No. 235 of 2008 and see what they have to say?
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13-03-2012, 10:13   #8
phester28
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Well they are the professionals and I know you are right but in this case if they provide me with a Cert of completion am I not home and dry. If it blows up they have insurance don't they

If I inform them then my small project becomes an unworkable and costly project just to demolish and rebuild more or less what is currently there? I am sure they would be delighted to charge me a few more thousand to help me with my planning app.
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14-03-2012, 01:28   #9
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Quote:
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Well they are the professionals and I know you are right but in this case if they provide me with a Cert of completion am I not home and dry. If it blows up they have insurance don't they
Yes they are "professionals". But your situation is a recent modification one that is not easily spotted unless you are aware it is there (bit of a paradox that). That said, most posters here would be aware of those areas.
They might certify that the works was all complete in accordance with the building regualations. But that's nothing to do with the planning issue here. Nothign to do with their insurance either.

Even if they were to offer, on paper, a professional opinion to say that it was exempt from planning. It is still only an opinion. It doesn't change the law, nor does it remove the responsibility from you, the owner, to comply with the law.

Quote:
If I inform them then my small project becomes an unworkable and costly project just to demolish and rebuild more or less what is currently there? I am sure they would be delighted to charge me a few more thousand to help me with my planning app.
An application for planning such as the above would be very minor. Will cost the absolute minimum. If there was an existing drawing for construction or tender, that would probably do.

Another option would be to talk to the planning department, ask about a section 5 declaration. This is a document stating planning exemption (as opposed to an opinion). As stated, you are not actually exempt, but they might let it slide.
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19-03-2012, 21:29   #10
BryanF
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this may be of interest CIOB lecture - Land and Conveyancing Law Reform Act 2009 Chapter 3 - Party Structures
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