Neighbour's extension

Not much help, but I feel for you. Our neighbours built a two-storey extension at the rear of their house, completely spoiling the view from one of our bedrooms, and blocking the sky off. On a sunny day, bright light is reflected into our house from the new white render, almost blinding us. The Planning Dept. was totally unsympathetic to us, saying that there was no issue with the loss of daylight or amenity, it fell within the vague rules. We were only informed of the plan when the planning notice went up on the telegraph pole outside.

Thanks.

Luckily we have no window facing that way. We are not holding our breath when it comes to the planning department.

I'm not experienced in these matters but I can't see any justification for objecting. 300mm isn't a lot for access, and that would be my issue.

On the other hand why not ask them to move the wall onto the boundary and making it a party wall, one that you have the right to use for your own purposes, ensure the footings are wide enough for your internal wall. You then have the option if to make you garage wider at reduced cost, or convert it into a bigger room?

There would need to be a communal valley to take water from both properties.

Put in planing at the same time. Keep renewing every 5 years if you don't start work.

It would have been courteous to have consulted you before making the planning application, but there's no legal obligation to do that.

I can't really see any planning reasons which would cause the application to be refused. The space which you have for getting to the back of the garage isn't being reduced. The main issue seems to be leaves collecting on the other side of your fence, which will be difficult to remove. Could you come to some agreement to box in that space to stop it filling up with leaves? Or even, what about removing your fence to give you a bit more elbow room, and treating their extension wall as the effective Boundary?

A foot gap isn't enough to maintain the wall, so it will eventually become dangerous.

Phone the planning department and ask them what they think. You could also speak to the building inspectors especially regarding any drainage.

A properly built wall doesnt need any maintenance.

Bullshit.

Why not ask the neighbour what plans he has to remove leaves from that space? He might have not thought about the problem, or he might have already have an answer you hadn't thought of. Perhaps a 30cm wide rake with a very long handle.

Our house (semi-detached) already has both extensions built right up to each other on the boundary. When the neighbours applied for permission for a further extension (they later abandoned the idea), my response to the council was to build it up to the boundary, instead of just off it, in case we extended in the future.

It wouldn't have been a problem in our case, as the existing extensions have flat roofs and drain backwards from the house and not to the side.

We didn't bother, as we couldn't afford it at the time and the neighbours also gave up on their plans.

As I read it any essential maintenance could be carried out from the OP's land - for which the neighbours could if required seek an access order under the Access to Neighbouring Land Act 1992.

The trickier issue is if the OP extends. Hence the potential benefit of building to the boundary.

Fully awae of that. We are very good neighbours usually, never had any issue with anyone in decades. But I don't tend to have much time for people wo have no time for me...

We would have let it pass as is without any issue, but since they couldn't care less about our view, we may choose not to be helpful in retun

All are things that we would have been happy to suggest usually. We really are very easy going when it comes to neighbours. We feel less inclined to do so with the new lot. Especially as they will completely depend on us giving them access to our land to clear the gap so it does not damage their new wall.

I don't think 30cm is enough clearance to expect anyone to build the wall without incursion into the OP's grounds. Similarly for post maintenance. It also depends on who owns the fence, and if owned by the neighbour, this will further encroach onto their grounds, reducing access still further.

That could be a good compromise if they agreed to it.

Which would be a genuine cause for opposing the application as-is.

Hence my earlier post.

Their new wall will have a foot of rotting leaves against it within one year. If not higher than that. If we choose to leave the low fence that we have there now if will fill to the top of it (1m or so up their new wall). With the only access to clear it for them is by coming from our property. It will also block the drainage that they intend to install.

I spend considerable time every year collecting and clearing leaves - something in the region of between half to a whole skip in volume every year. Plus cleaning the gutters 3 times until all the leaves are down and the drainage in front of our garage. Every year.

The fence is on our land - on the top of the retaining wall.

Planning Policy Guidance Note 1 used to say that access for maintenance was not a material planning consideration. I'd be interested to know if that's changed - as I think would the many councils who say the same in their current guidance.

There is of course the separate issue of access to build which is also not a matter for the planners - and not covered by the 1992 Act.

Good advice - will do that!

I doubt they have. Planning to speak to them sooner rather than later and will discuss that too.

Follow up question:

Are the neighbours allowed, without consulating with us and/or our approval, to build their extension up to the boundary between the properties?