Neighbour Issue

[al4x]

That's the thing it's not about being worried about being a pain in the backside more wanting to be sure. When you have a gable wall on the boundary I was unsure if there would be an allowance for gutters etc or whether it was the flat face. I think everything is suggesting is it is the flat face so this would effectively be building into our property which to me isn't something they should reasonably be able to expect to just do.

The conservation area is a secondary concern but the house is a character brick built house. So far it has gained plastic facias, I can see the Windows will be plastic and it will have a modern render finish, to me that's a complete abuse of the conservation area concept. While the Eco concerns will have a certain weighting factor and it does to me as well but this is only as they don't want to loose the space inside by internally insulating

[Gordon R]

The neighbours don't want to lose space, but they are quite prepared for you to do so.

 

Will any of the alterations have an impact on the value of your house?

 

Are you 100% happy with what they are planning?

 

You need to act now before it is too late. Getting on with your neighbours is a two way street, which they seem to be unconcerned about.

[Adge Cutler]

You been robbing people then it's only two pages

No not really...the full fee I always used to apply to the Northerners on the basis they always tried to reduce it.

[Adge Cutler]

The neighbours don't want to lose space, but they are quite prepared for you to do so.

 

Will any of the alterations have an impact on the value of your house?

 

Are you 100% happy with what they are planning?

 

You need to act now before it is too late. Getting on with your neighbours is a two way street, which they seem to be unconcerned about.

Quite right..

 

Consider their boundary also..its the same as yours so however way you look at it they are extending onto your property and beyond the legal boundary line

 

Like I said previously they are decreasing the gap between the properties. 150mm in 3ft is almost 20%...encroachment onto your property and if you are a fatty like me you might not easily be able access your own rear garden or the emergency services similarly.

 

Gordon's last statement is spot on.

 

Do you know their email address...why not send them a link to this topic

[al4x]

The best way to visualise it is here, it's mainly at the gate end we are concerned. Theirs is on the right

Edited August 28, 2016 by al4x

[Gordon R]

Perhaps someone could clarify this. I would imagine access to the gable end for the purpose of repair and maintenance would be justifiable, but this is in effect something new.

 

Any contractor would be working on your land and, whilst they were there, you would have no safe access.

 

Personally, I think they have well overstepped the mark.

[guest1957]

FYI conservation area consent was abolished over two years ago. Planning consent is often required in conservation areas due to the withdrawal of permitted development rights in those areas.

[ph5172]

The fundamental point is...... are you happy for them to do it?

 

It appears there is a bit of a toe out from the gate to the end of their house so the pinch point will be the gate end, by the look of it the render will effectively remove the gate post their side, meaning they will have to have the latch or hinge on their wall.

 

If you are 'happy' then i would broach the subject of the gate being made good and the render painted white to match as was, maybe ask for a sweetener, Log store? new shed?

I always find a gentle conversation prior to going all out often pays dividends.

 

If you are not happy then go with the advice given, maybe broach the subject delicately by asking if they have a copy of the planning consent as when you thought a while ago about having it done the company would not come out and quote without the consent in place and you are interested how hard it was and if hey had to jump through many hoops.

This may make them ask the question of the company or furnish you with the information you need to make an informed choice / act in the easiest and quickest way possible.

[moose man]

Wait till they notice their bird has escaped ...

[Luckyshot]

No, you can't refuse access and they can take it to a court hearing to get access enforced. As said above an approach should be made to the planning authority without further delay and be up front with the neighbour as to your concerns. Without doubt planning consent is required and extending the wall, which is exactly what they are doing, in fact moves the boundary to the surface of that extension !!!! This is not a down pipe, it is the whole wall. 9am Tuesday, get to it pronto.

The boundary is the line of the wall.

 

Yes you can refuse access as I've just been through this with my neighbor who I don't get on with. He wanted access to repair facia boards and guttering but I refused as he is a cock end.he threatened me with going to court which my reply was crack on then, he didn't and the repairs haven't been done.

[bullet1747]

No not really...the full fee I always used to apply to the Northerners on the basis they always tried to reduce it.

That's cause we are tight

[Jaymo]

Yes you can refuse access as I've just been through this with my neighbor who I don't get on with. He wanted access to repair facia boards and guttering but I refused as he is a cock end.he threatened me with going to court which my reply was crack on then, he didn't and the repairs haven't been done.

I can't understand who you could look at a neighbours shabby house regardless of what you think of them.

Personally I would encourage them to be replacing guttering as maybe the lack of it could directly affect your place?

What do they say about cutting of ones nose?

[scobydog]

Yes you can refuse access as I've just been through this with my neighbor who I don't get on with. He wanted access to repair facia boards and guttering but I refused as he is a cock end.he threatened me with going to court which my reply was crack on then, he didn't and the repairs haven't been done.

No you cannot refuse access for maintenance and repair, your neighbour has a legal right to keep his home in a safe and well maintained state, I have been through this more times than I care to mention with my rental properties, including it going to court and I have never lost, also the others have always ended up paying my costs.

 

 

S

[Alex C]

Before this gets any further, a letter or conversation with neighbour explaining your concerns will go a long way to sorting it out. There is always the possibility that they use a thinner insulation on that side of the house or don't insulate it at all and just do the render ?

 

Any reasonable person will understand that losing 6 inches in a 3ft alleyway isn't really fair. If there is still no joy then get onto planners/ council

Edited August 28, 2016 by Alex C

[Luckyshot]

I can't understand who you could look at a neighbours shabby house regardless of what you think of them.

Personally I would encourage them to be replacing guttering as maybe the lack of it could directly affect your place?

What do they say about cutting of ones nose?

If you knew my neighbour you would know why.

 

No you cannot refuse access for maintenance and repair, your neighbour has a legal right to keep his home in a safe and well maintained state, I have been through this more times than I care to mention with my rental properties, including it going to court and I have never lost, also the others have always ended up paying my costs.

 

 

S

That is pure nonsense, I've been through it twice now with this neighbour. The court "may" grant permission to gain access to your premises but it is not guaranteed. You may have won many times but it can go either way.

[Adge Cutler]

FYI conservation area consent was abolished over two years ago. Planning consent is often required in conservation areas due to the withdrawal of permitted development rights in those areas.

Yes that's very true but the conservation Officer will still drive the L A Planning consent and recommend to the case officer either to consent or reject.

 

Looking at the Photo the pinch point appears to be the gate.

 

It would be unreasonable in my opinion not to allow the majority of the works and access for essential repairs and maintenance.

 

Conservation policy varies from authority to authority. In my area which is a AOB and a Conservation area the CO still has significant roll in the planning process. I must admit I didn't read your previous mail properly and assumed the houses were facing brick. Now I realise they are over painted a self coloured silica render would probably be an acceptable improvement. and consented under permitted development rights. Render is just a thick paint after all

 

Just check with Planning and conservation on the email I provided previously, send them a copy of the photo above and explain your concerns, ask if they can respond before the work commences. At least you will know if the insulation and replacement windows is permitted development..

 

Do you know if there is a covenant on your deeds which allows them access for essential repairs and maintenance.? If not keep the gate locked until you have negotiated your new Wrought iron architectural, or solid oak gate.

[al4x]

I have to say really the gate is a minor issue other than a slight concern that with a newly rendered wall they won't want fixings through it. No mention on deeds as would probably be usual with this age of house We can get round everything but I am more erring towards why should we let them encroach on our property and narrow the passageway further and then have pipes moved even further into our side. That's before we mention the 4t or so of logs they have to move to do the other side. At the moment I think we are going to say no and go from there

Edited August 28, 2016 by al4x

[scobydog]

If you knew my neighbour you would know why.

 

 

That is pure nonsense, I've been through it twice now with this neighbour. The court "may" grant permission to gain access to your premises but it is not guaranteed. You may have won many times but it can go either way.

It is not nonsense as you put it, if it is why have I never lost, why as the other person always ended up paying my costs and how would you expect to fully maintain your property without that access. If my property got damaged due to someone denying me access to repair and maintain something that later caused damage to my property I would sue the daylights out of them.

 

S

Edited August 28, 2016 by scobydog

[harrycatcat1]

Yes that's very true but the conservation Officer will still drive the L A Planning consent and recommend to the case officer either to consent or reject.

 

Looking at the Photo the pinch point appears to be the gate.

 

It would be unreasonable in my opinion not to allow the majority of the works and access for essential repairs and maintenance.

 

Conservation policy varies from authority to authority. In my area which is a AOB and a Conservation area the CO still has significant roll in the planning process. I must admit I didn't read your previous mail properly and assumed the houses were facing brick. Now I realise they are over painted a self coloured silica render would probably be an acceptable improvement. and consented under permitted development rights. Render is just a thick paint after all

 

Just check with Planning and conservation on the email I provided previously, send them a copy of the photo above and explain your concerns, ask if they can respond before the work commences. At least you will know if the insulation and replacement windows is permitted development..

 

Do you know if there is a covenant on your deeds which allows them access for essential repairs and maintenance.? If not keep the gate locked until you have negotiated your new Wrought iron architectural, or solid oak gate.

 

This is not correct, it cant be classed as permitted development, the works that have been described require planning permission.

 

S T A T U T O R Y I N S T R U M E N T S

2015 No. 596

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (General Permitted

Development) (England) Order 2015

A.2

In the case of a dwellinghouse on article 2(3) land

, development is not permitted by Class A

if—

(a)

it would consist of or include the cladding of any

part of the exterior of the dwellinghouse

with stone, artificial stone, pebble dash, render,

timber, plastic or tiles;

[scotslad]

Now i can understand giving nieghbours access for maintanence etc, makes sense really as chnces are u'll have the recipitoral agreement on the other side of the house.

But this is a bit different as u will always have a restricted access after this not just while the work is done

 

 

But in a hypothetical case similar to this, ie wall is boundry, nieghbour has no right of normal acces etc. and not in a conservation zone or anything else

 

If u just say No does that mean they can't do it on that side? Is that a final answer?

Effectively they're claiming an extra 4-6" esp in such a narrow access. Are they due to pay for the extra land or have the deeds altered?

If it just needed planning have u any right to object or should i say are the chances of ur objection being held?

[Luckyshot]

It is not nonsense as you put it, if it is why have I never lost, why as the other person always ended up paying my costs and how would you expect to fully maintain your property without that access. If my property got damaged due to someone denying me access to repair and maintain something that later caused damage to my property I would sue the daylights out of them.

 

S

There are a few ways that can prevent access bein given, 1 is if you want access to my land you have to pay any costs on my end like loss of earnings whilst I take time off work to make sure you are not damaging my property costs to put my dog somewhere else whilst the work is going on etc.

These were all used by my solicitor when my neighbour thought the same as you. Gaining access to someone else's property isn't as clear cut as some make out. This is all fact as when this all kicked off with my neighbor solicitors and police were involved both times and my neighbor never gained access to my property.

[Adge Cutler]

 

 

This is not correct, it cant be classed as permitted development, the works that have been described require planning permission.

 

S T A T U T O R Y I N S T R U M E N T S

2015 No. 596

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (General Permitted

Development) (England) Order 2015

A.2

In the case of a dwellinghouse on article 2(3) land

, development is not permitted by Class A

if—

(a)

it would consist of or include the cladding of any

part of the exterior of the dwellinghouse

with stone, artificial stone, pebble dash, render,

timber, plastic or tiles;

 

With respect it very much depends on the interpretation of the instrument in relation to the existing property and what is there already.

 

If you were to render a stone elevation with stucco that would be a fundamental change in the appearance.

 

In this case however the proposed render will only be producing a finish which the over painting intended to do.

 

One of the last case files I closed before retiring was a similar situation in rural Wiltshire in 2015. The home owner wanted to over render some existing render on a house in article 2.3 situate land.( conservation area land) The case officers interpretation of the legislation showed marked common sense which was refreshing in view of the Authority involved. He construed it to be permitted development and a application was not required.

 

It very much depends in my experience how the regulations are interpreted and if you are dealing with a jobsworth who goes unwaveringly by the book or someone who is prepared to use a bit of common sense and think outside the box.

Edited August 28, 2016 by Adge Cutler

[harrycatcat1]

With respect it very much depends on the interpretation of the instrument in relation to the existing property and what is there already.

 

If you were to render a stone elevation with stucco that would be a fundamental change in the appearance.

 

In this case however the proposed render will only be producing a finish which the over painting intended to do.

 

One of the last case files I closed before retiring was a similar situation in rural Wiltshire in 2015. The home owner wanted to over render some existing render on a house in article 2.3 situate land.( conservation area land) The case officers interpretation of the legislation showed marked common sense which was refreshing in view of the Authority involved. He construed it to be permitted development and a application was not required.

 

It very much depends in my experience how the regulations are interpreted and if you are dealing with a jobsworth who goes unwaveringly by the book or someone who is prepared to use a bit of common sense and think outside the box.

 

With respect its not just a "bit of rendering" and there are other works involved, have a good retirement.

[Adge Cutler]

 

With respect its not just a "bit of rendering" and there are other works involved, have a good retirement.

Thanks I will..

 

but are the works involved construed as an improvement or as an extension ?

[Mungler]

Are those nice stock bricks painted white?