Escalating an extension dispute?

PaulPriest

Hi, just looking for a pointer on where to go next, or if I'm being unreasonable.

The neighbour applied for, and got, planning permission for a reasonably large amount of work on their house - demolishing and rebuilding the side and back single-storey extensions. The rear extension is much larger than the previous one, which was more of a conservatory before. The builders have been at it for 8 weeks and the joists for the roofs and velux windows have just gone in.

The rear extension runs down their side of the boundary. I have two issues with this extension where i don't believe the submitted plans have been followed, and the result is the loss of sky/light. I just don't know what's reasonable leeway.

The height of the wall, as measured from our finished level it over 150mm higher than the plans would suggest if you measure them from the plans, assuming the whole thing is proportional - despite the measurement for the top of the roof being shown against lines representing our ground and extension roof. I've asked that the wall of the water channel be reduced by two courses (it's over 4 currently, which seems excessive). The wall isn't capped yet either.

The other is that the roof protrudes from the wall by an extra 300mm over what plans indicate would be around 195mm. Again, the plans lack an actual measurement, but the result clearly doesn't look like what's in the plan.

So my issue is that I've notifier the neighbour of the first issue, but the response was to hand-wave about the planning drawings, and i'm now waiting another week whilst the building works continue. They're away, so I'm reliant on email.

I don't want to wait until it's finished, and i'd like to reach an amicable solution, but I really don't want to just roll over and even more light that the plans I implicitly agreed to.

Do I go to the RICS party wall helpline? Or shortcut the neighbour and go to their architect direct? Or do I need to file a formal complaint with some body before the works complete? If so, who?

Thanks in advance.

bridster007

You can contact the planning enforcement section of the council by phone or email.
They will come out and do an inspection fairly promptly and they will issue a cessation notice to your neighbour if the building is not to plan.
This will wake him up and stop the waving of the hand.

Balance this against your future relationship with the neighbour and how big an issue this really is.

davo10

If the building does not comply with planning and CoCo are the regulatory body for planning issues, surely your first port of call would be the local planning office, if there is a deviation from the plans, they will examine it and enforce any changes deemed applicable.

Mr. Incognito

Contact the Council Enforcement Section.

They can investigate and serve all sorts of notices

nuac

1. It would have been best practice if the neighbour had given you plans and specs of proposed works before even he applied for permission, and certainly before starting work. Most architects and engineers would advise that

2. You should have an engineer inspect the works and the planning documents, to report to you and advise on issues arising.

3. Meet neighbour to resolve any matters raised by your engineer.

4. If (3) above does not work out, consult your solicitor.

5. You can refer to the Planning Enforcement section of your Planning Authority, but:
(1) Planning enforcement offices are often understaffed and overworked.
(2) Therefore there may be some delay before they inspect.
(3) Their initial procedures comprise correspondence and a range of statutory notices under planning legislation
(4) Some builders will ignore such and keep building - claiming that they are only making the premises safe and weather-tight etc
(5) If the development is in fact unauthorised the most effective remedy is an application for an order under Section 160 of PDA 2000 as amended. Court has wide powers in making such orders. Breach may be contempt of court, with all that entails.
(6) Planning authorities often slow to embark on such applications. A lot of work involved drafting affidavits etc, with risks of incurring costs and judicial criticism if it goes wrong.
(7) Anybody, not just a planning authority, may apply for a S. 160 PDA 2000 Order. Can get it into court very quickly, overnight if necessary. Same issues as in 5(6) apply, plus may have to give undertaking as to damages if found later that injunction wrongfully granted.

6. Any difference with a neighour can be awkward. Jaw Jaw always better than war war but above are possible options

Suggestions?

bridster007

nuac wrote: »

1. It would have been best practice if the neighbour had given you plans and specs of proposed works before even he applied for permission, and certainly before starting work. Most architects and engineers would advise that

2. You should have an engineer inspect the works and the planning documents, to report to you and advise on issues arising.

3. Meet neighbour to resolve any matters raised by your engineer.

4. If (3) above does not work out, consult your solicitor.

5. You can refer to the Planning Enforcement section of your Planning Authority, but:
(1) Planning enforcement offices are often understaffed and overworked.
(2) Therefore there may be some delay before they inspect.
(3) Their initial procedures comprise correspondence and a range of statutory notices under planning legislation
(4) Some builders will ignore such and keep building - claiming that they are only making the premises safe and weather-tight etc
(5) If the development is in fact unauthorised the most effective remedy is an application for an order under Section 160 of PDA 2000 as amended. Court has wide powers in making such orders. Breach may be contempt of court, with all that entails.
(6) Planning authorities often slow to embark on such applications. A lot of work involved drafting affidavits etc, with risks of incurring costs and judicial criticism if it goes wrong.
(7) Anybody, not just a planning authority, may apply for a S. 160 PDA 2000 Order. Can get it into court very quickly, overnight if necessary. Same issues as in 5(6) apply, plus may have to give undertaking as to damages if found later that injunction wrongfully granted.

6. Any difference with a neighour can be awkward. Jaw Jaw always better than war war but above are possible options

Suggestions?

Having been here myself I would respectively skip suggestions 1 - 4. Why should OP incur any costs ? Planning enforcement is the only way to go if the OP is satisfied he is not over-reacting and absolutely cannot accept what is happening. In my case I spoke to the neighbour ( he disagreed that it was not to the plans) and also told him I was going to the planning dept. They were out the following morning and builder was off site the following day. The formal notices were issued within a week.I was very impressed by the planning people. I felt I could not wait as the work would be finished and then harder to reverse, or he could apply for retention.

And my neighbour still says hello even though it cost him.

nuac

Disagreements between neighbours can become bitter and poison relationships for. generations.

Therefore from considerable experience of such situations I would recommend a sincere effort to resolve matters between you rather than going to the planning authority or lawyers