Ben_Copeland
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| posted on 22/12/09 at 08:07 PM |
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Planning Permission Required?
My next door neighbour is blocking up the sides of his lean to. Half of it will be office and half a storage.
His house has already had a kitchen extension and large conservatory. So almost certainly Over the threshold for extending without permission.
My question is does he need planning permission to change from lean to, to perminate Walls? It already had brick columns.
Plus his guttering is over hanging my drive, which will soon be becoming my garage as I am building aswell.
Can I ask him to move it or can he say no and I can't do anything?
Thanks
Ben
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MakeEverything
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| posted on 22/12/09 at 08:10 PM |
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Does it affect you? If not, does it matter?
If it does affect you, speak to the planning office, or local authority.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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nitram38
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| posted on 22/12/09 at 08:15 PM |
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Talk to him first!
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blakep82
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| posted on 22/12/09 at 08:17 PM |
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quote:
Originally posted by nitram38
Talk to him first!
yes! don't go striaght to planning or it'll start all sorts of on going arguements
________________________
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don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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Ben_Copeland
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| posted on 22/12/09 at 08:18 PM |
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Well my thoughts were, as we seem to get on ok I didn't want to cause him problems if the local council come round to look at mine and see what
he's recently they might tell him to take down. Bearing in mind they've already visited and taken pictures for my planning permission.
The guttering does affect me as it's in the way. There's no point in asking the council because they take forever to reply.
Ben
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JoelP
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| posted on 22/12/09 at 08:20 PM |
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should be easy enough to remove his guttering as yours goes up and fit some sort of valley for drainage if yours goes higher?
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iank
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| posted on 22/12/09 at 08:23 PM |
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quote:
Originally posted by Ben_Copeland
My next door neighbour is blocking up the sides of his lean to. Half of it will be office and half a storage.
His house has already had a kitchen extension and large conservatory. So almost certainly Over the threshold for extending without permission.
My question is does he need planning permission to change from lean to, to perminate Walls? It already had brick columns.
I believe he does, and that they are quite unhappy about people turning car ports into garages.
quote:
Plus his guttering is over hanging my drive, which will soon be becoming my garage as I am building aswell.
He's not allowed to put his guttering over your property, and you can make him re-route it at his expense (this happened to my BIL). IIRC if
you leave it too long without complaining then they can claim implied permission or somesuch.
quote:
Can I ask him to move it or can he say no and I can't do anything?
Thanks
One thing to be careful about is that these situations have the potential to turn quite nasty. For example if he decides that you've reported
him to the planning office he's likely to get a bit 'grumpy'.
Depending on personalities these things can grow out of all proportion, fabricated complaints about noise etc.
If there is any kind of dispute then you/he are required to tell people when you/they come to sell. This can reduce the attractiveness of your
property to buyers and from there the value. Tread cautiously would be my advice.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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Ben_Copeland
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| posted on 22/12/09 at 08:24 PM |
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Did think about a valley, but didn't want to be responsible for alterations to HIS guttering later on. I'm planning on asking about the
guttering next time I see him, but wanted to know where I stand if he decides to get shitty
Ben
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iank
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| posted on 22/12/09 at 08:26 PM |
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quote:
Originally posted by blakep82
quote:
Originally posted by nitram38
Talk to him first!
yes! don't go striaght to planning or it'll start all sorts of on going arguements
But if he tells you to get bent then he'll know who told planning about his building without permission. That will be even worse. Can't
really feign ignorance when he blows a gasket.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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Ben_Copeland
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| posted on 22/12/09 at 08:28 PM |
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Unfortunately the guttering his been there as long as the car port. Which was there before we moved in couple years ago. It's only really become
an issue as it's now in the way!
Ben
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britishtrident
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| posted on 22/12/09 at 08:55 PM |
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He is well out of line sooner or later it is going to bring him trouble, even if he didn't need planning permission he requires a building
warrrant, anything built with bricks/blocks other than the very lowest non-structural dwarf garden wall requires a building warrant.
Almost certainly his existing brick pillars are outwith his planning permision and it would surprise me if either or both kitchen extension and large
conservatory are likewise.
You need to do some research then speak to him, if he dosen't back down hit him with the council.
In our cul de sac we are having a major problem with a couple who just do whatever they want without regard to the street don't want to say
much about this at the moment but with a group neighbours we are standing firm about to seek a legal remedy.
[Edited on 22/12/09 by britishtrident]
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britishtrident
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| posted on 22/12/09 at 08:57 PM |
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quote:
Originally posted by Ben_Copeland
Unfortunately the guttering his been there as long as the car port. Which was there before we moved in couple years ago. It's only really become
an issue as it's now in the way!
I wonder if the people you bought the house from had problems with him ?
[Edited on 22/12/09 by britishtrident]
[I] “ What use our work, Bennet, if we cannot care for those we love? .”
― From BBC TV/Amazon's Ripper Street.
[/I]
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StevieB
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| posted on 22/12/09 at 09:02 PM |
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If you get on OK, it's worth jus ahving a chat with him and letting him know your plans - if anything you might be able to do both jobs at the
same time and get a better result.
You can also let him know you're going through planning for your project at the moment to give him a heads up of a potential problem if they
ping his extension for what it is.
With regard to the gutter, it won't cost you any more to build some sort of valley to rectify the problem.
I have a similar issue myself - my neighbour had a kitchen extension and his outer wall became a party wall, so I own it (because we want a similar
extension one day and will build straight off it). However, his plumber made the boiler overspill poke out through what is now our wall and it would
overspill onto our land.
Now, I could make a big deal of it and have him re-route it internally to flow somewhere else. Or, since it never overflows anyway, I could just
leave it, remain friends (we help each other with DIY projects all the time) and route it through my own extension as/when we have it done.
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trextr7monkey
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| posted on 22/12/09 at 09:08 PM |
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Not an expert but we replaced a legally built conservatory with a lean to roof with a much larger pitched roof including dwarf wall, with supporting
steel work without the need for planning permission. We did need building control ofifcer though who was interested in calculations for steel work and
where was the rain water piped to.
As above re being extremely diplomatic, guy doing our work put a scaffolding tent over the house which gave the impression we were adding a further 2
storeys, my daughter noticed 2 very well dressed blokes poking around one morning after we'd gone to work, presumably tipped off by a public
spirited passer by 
good luck
Mike
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se7en
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| posted on 22/12/09 at 09:13 PM |
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I had the same problem only in reverse- my guttering was overhanging the next doors premises.
If the guy had come and asked me to remove/change it, I would have without any further ado.
He sent me a solicitors letter about how much distress this overhanging guttering was causing him.
I eventually removed the guttering but the two of us never spoke to each other ever again. I made his life a misery so much so he moved house shortly
after.
The lesson to learn from this episode is as BT says
IT'S GOOD TO TALK
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Steve G
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| posted on 22/12/09 at 10:30 PM |
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quote:
Originally posted by se7en
I made his life a misery so much so he moved house shortly after.
The lesson to learn from this episode is as BT says
I'd say its "Dont move on next to Mr Se7en"!!!
[Edited on 22/12/09 by Steve G]
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Ben_Copeland
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| posted on 23/12/09 at 07:10 AM |
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As far as I'm aware, they moved in about 6 months before us and ours was a repossession. So was empty. They didn't do anything extending
themselves.
One thing I do know is he's goin to have real trouble selling it if there is no certificates etc.
quote:
Originally posted by britishtrident
I wonder if the people you bought the house from had problems with him ?
[Edited on 22/12/09 by britishtrident]
Ben
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clanger
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| posted on 23/12/09 at 07:18 AM |
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Do some research of your own on the Party Wall Act 
[Edited on 23/12/09 by clanger]
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plantman
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| posted on 23/12/09 at 07:38 AM |
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I am no expert but we have have loads of dealings with planning over the years.
With all these things I agree with everybody else it is good to talk.........except if you don't like the overhanging gutter then i am sure if i
was coming to buy your house then i am certain i wouldn't like it either so it will depreciate your property, and once money comes into it you
are going to have a row!!
he may or may not have needed planning for his extension lean to etc, But he would have needed to see/submit plans to the building regutions/control
officer, he will decide if they can escape in a fire enough ventalation/ light etc.
also last may/april in wales ( i am sure there will be something similar in england) with all new builds extensions alterations you have to submit a
design and access statement( all to do with enviromental impact etc & access!!) bottom line is you need a professional to do this!!!
I am very confident you could ask him to remove the gutter if it is overhanging your property, I know this is the case if it is a tree shrub or edge,
the only trouble is you will need him to do something about the roof water, but I know that is has to.
Anyway fairly straight forward just ring up the council and ask to speak to a planning officer, explain your problem to them they/you may decide that
a site visit is needed.
these things always take ages, let us know how you get on and..
Best of Luck
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contaminated
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| posted on 23/12/09 at 09:40 AM |
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Probably dealt with above but yes he would need Planning Permission and he'd also need to comply with Building Regulations since the space will
become habitable. I agree that it's good to talk these things through, but if you have no luck you need to contact your Planning Department.
Once it's built, although the Council could insist he knocks it down, this is in nobody's best interest and it would take ages.
Additionally once it's been standing for a while and there have been no complaints it's possible to argue a case that it's legal
under the Town and Country Planning Act.
Funnily enough when I bought my house there was no Planning Permission for almost the same thing. I have an extension and garage that started as a
Planning Permission for a "covered walkway". My choices were to take out an indemnity against it (to cover demolition, planning and
re-build costs if the Council ever came knocking - which I did) or try and prove it's legal. If I did the latter it would null the indemnity, so
I've not bothered.
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Liam
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| posted on 23/12/09 at 11:49 AM |
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quote:
Originally posted by StevieB
I have a similar issue myself - my neighbour had a kitchen extension and his outer wall became a party wall, so I own it (because we want a similar
extension one day and will build straight off it). However, his plumber made the boiler overspill poke out through what is now our wall and it would
overspill onto our land.
Now, I could make a big deal of it and have him re-route it internally to flow somewhere else. Or, since it never overflows anyway, I could just
leave it, remain friends (we help each other with DIY projects all the time) and route it through my own extension as/when we have it done.
You sure that's just an 'overflow'? If he's had a new boiler fitted on that wall, and that pipe comes straight from it,
it's more likely the emergency pressure release valve discharge! Make sure you haven't got any kids poking around anywhere near it if it
ever does blow and dump pressurised hot water everywhere. The potential danger is exactly why those pipes are commonly routed to outside away from
people near the appliance in the first place.
Whatever it is, having any sort of drainage like that routed to a neighbour's property is stupid, as how can the owner maintain it? Especially
if it becomes built into the plumbing of your future extension!
Liam
[Edited on 23/12/09 by Liam]
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