Planning Permission

[jules77]

Our new neighbours have been successful in getting planning permission to extend on all four corners of their property. However, both their bungalow and our fish pond are on the boundary line. He wants to remove some fence panels to build the foundations for one part of the extension adjoining our land, and this could also involve damage to our fish pond. Although he has planning permission, I am under the impression he cannot touch or damage our property, and we dont have to give him access to carry out any work?

[bednobs]

no

[Count-A-Strong]

Has your neighbour completed a 'Party Wall Act' notification as part of his building regs application (Building Regs are completely separate to Planning)? Although it's called a party 'wall' act, it deals with how extensions (or buildings in general) affect neighbouring properties.
This link gives you more info:
http://www.diydata.co...ct/party_wall_act.php

[The Builder]

Building Control usually go to great lengths to make sure adjacent property isn't damaged when the trench is dug.
In the past I've taken "before" photos with the Building Inspector in case of future argument.

[jules77]

As far as I am aware he hasnt completed a party wall application. When the planning department came round to see him, they did come round to us too, and said even if his application was successful he wasnt allowed to touch our property unless we gave agreement. But he seems to think because he needs to remove the fence in order to build, he can do it. Although he is concerned the work will damage the fish pond........but there is nothing in place if this happens. I dont want to come home to find my fish pond has collapsed and I have fish floating around the garden.

He has also mentioned scaffolding, and I think this is going all the way round the house, which would mean it will overhang our garden (his bungalow lies slightly further back than ours). Apart from this being unsightly, my dogs are going to go bananas if they see workmen in mid air over our garden.

[Count-A-Strong]

Having read my link, as I'm sure you have, do you think he should have completed a PAW application?

[Count-A-Strong]

Sorry PAW

[jules77]

Yes I think he should have. The front extension springs to mind as he has been told that the present wall wont stand the extension he has in mind. Whilst I am not too bothered if he needs to replace the front wall, as he will have to put it right, I dont want damage to our tarmac drive either. I would like to remain amicable with him, but he has only recently moved in, and felt he should have discussed this with us beforehand. He came round the day he moved in stating that he was going to do this, that and the other, but we were staggered when we saw the plans, I am sure it would be cheaper to knock the bungalow down and start again.

[Count-A-Strong]

Then I would ask him whether be intends to comply with the act. If he doesn't then he would appear to be breaking the law and I would be tempted to print out the info from the link I gave and send him a letter stating that you are seeking legal advice (even if you aren't) the act was brought in to prevent over development of sites in situations just such as yours.

[jules77]

Thank you. I have already got the information saved into a word document which I will print out. We have legal protection with our buildings insurance, and have already spoken to them so they are aware of the situation.

[Count-A-Strong]

Good luck jules. Let us know how you get on.

[jules77]

Thanks, I am sure I will be back asking something else as time goes on. Just one last thing, how about the scaffolding, do we have to agree to that over hanging our garden. This will also be over the fish pond and pagoda we built to shelter the fish from the sun, and he said he would be putting a sheet over it to stop anything falling in to the pond. But the cover is probably also going to kill the grape vine, although I am more concerned about my fish.