help with planning/building regs etc....

[paul b b]

Hello all, and welcome to the new family of admins, and thank you so much for the last for setting up this place!

Right guys, bit of a problem, my house is on the side of a hill, so neighbour is lower (shall call him the plaque man due to his rotting teeth!) anyway, on the side of my house is a small bit of land, for years there was a outside toilet, room with washing mc in etc....and joining this was just a room, bit of a space i suppose. then a bit of out side then another porch, this is right next to his house over looking him, it has windows all round, so basicly 6 years ago i took it all down and rebuilt it, in wood, prev guy was there then and he was happy with it as its pretty much what was there before, all i have done is join the two up gaining about 1.5 meters inside. as i have said its made of wood and was pretty much allready there. though i did not seek planning etc because its made of wood and screwd to the side of the house,

anyway, plaque man wants to build a 'porch' on the side of his bedroom. it will be about 2 inches away from my windows! he wants to do it to sell the place! hes saying because my windows over look him they are against the law and should not be there, and if i contest he will get my building taken down because of the lack of planning. though if it was not there i would over look him more because i would sit out there to get the eve sun! the room has great views and i am concious not to stand at the windows peering down at him!

I'm waffling now guys, so would i have had to seek planning to replace a wooden structure? its pretty much a conservatory.

his wall will stop my acsess to treat my building!

can he do this?

are my windows against the law? there have been windows there for the last 40 years!

thanks chaps

will get some photos to post

 

[biggsy]

Try labc website ours is pretty Clare in what you can and can't build I think unplanned 1m from boundary

 

[col]

I don't know, but are they not trying to relax the rules about building larger sng story extensions without planning?

I'd remind him of the question on the form he fills in about whether he's in any dispute with his neighbours?

If he IS then potential buyers might be put off so it's in his interest to keep you sweet till the sale goes through.

does he want you to take it all down?

hopefully 6 yrs might be long enough to not warrant LABC approval.

Of course, planning and bldg regs are different.

 

[ProDave]

Firstly, claim your building has been there longer than it has (cough) I think it's 10 years before you can claim a certificate of lawfulness which means it gets planning permission by default. But it may or may not have needed planning in any case.

Secondly, object to his planning application for his extension, on the basis it will block light being so close. This may prompt the planners to scrutinise your "extension" which is where trying to convince them it's been there for a long time comes in. If his extension comes under the remit of permitted development then obviously you can't do that.

You don't have a right to a view, but you do have a right to light. So 2 inches away would block your light. Say 3 feet away and you probably would not be able to object on the basis of light obstruction.

Speak also to building control. There may well be a building control issue with him building that close to your window and that could block his plans.

Being so close to your boundary, he will need a party wall agreement. Speak to a solicitor and do all you can to obstruct that or make it as difficult as you legally can for him, that might put him off.

 

[Technician]

Which house was there first and planning

permission is not needed for a structure

that is not permanent.

He cannot, so far as I can judge, infringe

upon your right to light.