Pigeon Shredder. Posted September 14, 2016 Report Share Posted September 14, 2016 Next door to us have just started rushing through an extension on their house which is affecting our light. Since they started I have been onto the HSE about the using of brick cutters with no suppression, Enviromental Health for the noise and the Planning Dept to check if they have already exceeded their percentage of square meters since they started changing the shape of their house 3 years ago. Waiting to hear back on all of these details. The Planning Dept are not interested in our Right to Light issue and if I wish to pursue this it will cost a few grand which I don't have. Any advice from the PW massive will be greatly received by me and the other half. Quote Link to comment Share on other sites More sharing options...
flynny Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) I gather you received a notification letter before they started? Did you object ? If they have planning permission???? Good luck Flynny Edited September 14, 2016 by flynny Quote Link to comment Share on other sites More sharing options...
Ollieollie Posted September 14, 2016 Report Share Posted September 14, 2016 I'm sure the right to light has been considered properly and regarding the cutters/noise, without wanting to cause offence are you just finding stuff to moan about because the other decision didn't go the way you wanted it? On private jobs this situation is common Quote Link to comment Share on other sites More sharing options...
Fisheruk Posted September 14, 2016 Report Share Posted September 14, 2016 The value of a right to light is measured on the diminution of value of your property. Almost always minimal for domestic property. Are they digging within 3 Metres of your property. If so it might be a Party Wall issue. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted September 14, 2016 Report Share Posted September 14, 2016 Did you not have the opportunity to make reservations about light issues when the Planning Process was being considered. Even if its permitted development you should still have been consulted by the Planning Department because the immediate neighbours or property owners have rights of amenity use also. Have the windows in you property that are effected or occluded by the extension enjoyed 20 years of continuous natural light? Quote Link to comment Share on other sites More sharing options...
Fisheruk Posted September 14, 2016 Report Share Posted September 14, 2016 Planning do not consider Rights to Light. Quote Link to comment Share on other sites More sharing options...
Vince Green Posted September 14, 2016 Report Share Posted September 14, 2016 Lots of extensions going on round here with no planning permission. Its just a free for all because the planning people have lost control. They can fight one or two battles but they can't fight hundreds. There is also the question of the party wall act, it doesn't have to be a party wall to come under the terms of the act, basically, they can't dig within "x" metres of your foundations without having it checked by your surveyor at their expense. Also the water company have to be informed (and a lot of times it gets missed) because it can affect drainage. They have to issue a letter of compliance and they charge about £500 for it. Quote Link to comment Share on other sites More sharing options...
Pigeon Shredder. Posted September 14, 2016 Author Report Share Posted September 14, 2016 Only found out that this was taking place when the builders removed the conservatory that was in place and started ripping walls out, hence dust complaint. No consultation from next door that this was going to be replaced with a solid structure. No letters or notice at all and they are not conversing. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) Planning do not consider Rights to Light. Not directly correct, but If an applicant receives a complaint in respect of Right to Light issues during the planning process that complaint is usually successfully upheld. Planners wont normally get involved in easement agreements. What I'm getting at is if the OP could have demonstrated at Planning stage that his property had enjoyed 20 years continuous benefit of natural light the application would have been dead in the water. Unless some compensation could be agreed. In fact objection to an application because of potential loss of light or over shadowing used to be the number one complaint to Planners. Edited September 14, 2016 by Adge Cutler Quote Link to comment Share on other sites More sharing options...
Glenlivet Posted September 14, 2016 Report Share Posted September 14, 2016 Not directly correct, but If an applicant receives a complaint in respect of Right to Light issues during the planning process that complaint is usually successfully upheld. Planners wont normally get involved in easement agreements. What I'm getting at is if the OP could have demonstrated at Planning stage that his property had enjoyed 20 years continuous benefit of natural light the application would have been dead in the water. Unless some compensation could be agreed. Sounds to me as if there hasn't been a planning process, his neighbours are extending under the allowed percentage scheme. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted September 14, 2016 Report Share Posted September 14, 2016 Sounds to me as if there hasn't been a planning process, his neighbours are extending under the allowed percentage scheme. Even if the extension is permitted development it may be that the Local Authority operate a Neighbour Consultation scheme. If the extension is so close that the enjoyment of natural daylight is compromised I would wager that the Party wall act might be relevant also. If the OP is seriously concerned I would apply for an injunction straight away for cessation of the works until these issues can be sorted out. Quote Link to comment Share on other sites More sharing options...
digger Posted September 14, 2016 Report Share Posted September 14, 2016 Maybe accept they have permission under permitted development rather than call every number you can to complain ? I can see why they didn't consulte with you to be honest. Some dust and noise are part and parcel of building work. Quote Link to comment Share on other sites More sharing options...
Fisheruk Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) Even if the extension is permitted development it may be that the Local Authority operate a Neighbour Consultation scheme. If the extension is so close that the enjoyment of natural daylight is compromised I would wager that the Party wall act might be relevant also. If the OP is seriously concerned I would apply for an injunction straight away for cessation of the works until these issues can be sorted out. Rubbish advice. Do you know how much it costs to get an injunction! Also the adverse cost implications if you do not succeed are huge. Edited September 14, 2016 by Fisheruk Quote Link to comment Share on other sites More sharing options...
Essex Keeper Posted September 14, 2016 Report Share Posted September 14, 2016 Is north Essex or south maybe town name ? Quote Link to comment Share on other sites More sharing options...
dob Posted September 14, 2016 Report Share Posted September 14, 2016 Sounds like a nightmare,any good neighbor would have at least spoken to you to let you know it was all going to start soon, really feel for you and your family cos it's going to be a complete ball ache by the sounds of it. Quote Link to comment Share on other sites More sharing options...
Pigeon Shredder. Posted September 14, 2016 Author Report Share Posted September 14, 2016 City of Chelmsford. Some dust and noise agreed but when you cannot see across your garden I think not. And why would they not consult? Ball ache is not even close at the moment. Quote Link to comment Share on other sites More sharing options...
digger Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) Sadly they didn't need to consult. That's some serious cutting they are doing if it cut visibility to that extent. Do you have a picture of the dust cloud they caused or one of it settled on your property ? would help your case if you do. Edited September 14, 2016 by digger Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) Rubbish advice. Do you know how much it costs to get an injunction! Also the adverse cost implications if you do not succeed are huge. And what foundation is your opinion of my Rubbish advice based on... ? its my Professional opinion based on nearly 40 years dealing with Planning and Party wall related issues as an expert witness. RICS, CIARB MSc Construction Management and PG Dip Con Law. Qualified. The cost is not prohibitive if the impact of the loss of light is manifest and worth fighting for.. The neighbours cannot just ignore the Party wall act if its relevant or the OP's legal right to amenity use. If he doesn't do something quickly, retrospective action is unlikely to be successful in these cases. Of course if the impact is exaggerated and the OP is being rather acrimonious then it would be pointless applying for a injunction. Sorry I forgot to chuck in MCIOB also. Edited September 14, 2016 by Adge Cutler Quote Link to comment Share on other sites More sharing options...
oowee Posted September 14, 2016 Report Share Posted September 14, 2016 City of Chelmsford. Some dust and noise agreed but when you cannot see across your garden I think not. And why would they not consult? Ball ache is not even close at the moment. Do you have legal cover with your house insurance? Quote Link to comment Share on other sites More sharing options...
dob Posted September 14, 2016 Report Share Posted September 14, 2016 We have to use water spray with our cutters to keep dust down. Quote Link to comment Share on other sites More sharing options...
digger Posted September 14, 2016 Report Share Posted September 14, 2016 to be honest the grounds for an injunction are spurious from what's been said. On what basis as right to light is a dodgy area ? no party wall act needs invocation if they are building within their boundary. Dave. RICS member also Mike. Having lots of letters after your name doesn't make you right, my postman has many and he's often wrong 👍 Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted September 14, 2016 Report Share Posted September 14, 2016 (edited) to be honest the grounds for an injunction are spurious from what's been said. On what basis as right to light is a dodgy area ? no party wall act needs invocation if they are building within their boundary. Dave. RICS member also Mike. Having lots of letters after your name doesn't make you right, my postman has many and he's often wrong It does 99 % of the time...that's why they nicknamed me Domestos at work. ! I know no-one likes a smart *** but the OP was asking for advice and I gave him best professional advice based on what he had disclosed. If the OP is genuinely aggrieved and his case is solid, and assuming the dialogue with the neighbours has broken down irretrievably then and injunction for cessation of the works is, in my professional opinion, the only way for the OP to ensure his statutory rights are observed. Edited September 14, 2016 by Adge Cutler Quote Link to comment Share on other sites More sharing options...
Pigeon Shredder. Posted September 15, 2016 Author Report Share Posted September 15, 2016 Thanks to those that posted with good information on this subject. Now working through that. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted October 28, 2016 Report Share Posted October 28, 2016 Thanks to those that posted with good information on this subject. Now working through that. Did you manage to reach a suitable conclusion on this.? Quote Link to comment Share on other sites More sharing options...
Pigeon Shredder. Posted October 29, 2016 Author Report Share Posted October 29, 2016 No, everyone that we spoke to only wanted to relieve us of £5/6k but could not promise any result from their "investigation", bit like russian roulette really only with my money up front. The whole episode was a let down EHD, HSA, local planning, MP all a total waste of time for those on the end of the carp that we suffered for 7 weeks those that benifit could not give a toss to put it mildly. Next door off the list now, any problems though s--t. Quote Link to comment Share on other sites More sharing options...
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