Forum Topic

When you obtain Planning Permission??

People a question has arisen that maybe you can assist me with, hypothetically if you get planning permission for an extension do you need to get permission from your next door neighbours for the builders to do the footings  or in fact build the extension.

Dawn Hardy ● 4483d12 Comments

Adam,I spent the greater part of yesterday reading up on the 1996 Party Wall Act, it really didn't cover enough about extensions,it would appear that although Planning Permission had been granted by the Council one still had to obtain permission from your neighbours to begin the project imo if your neighbour objected to your original application then they would most certainly object to you actually starting the build.A very nice contract has been drawn up showing what to do, to which you would hand over to your neighbours to sign,what I cannot understand is that(generalising) you have already obtained permission to build from the Council who have quite rightly perused your plans however unless your neighbour agrees, they may bring in a Surveyor, the expense is yours, presumably you would bring your own surveyor in and then those two surveyors would bring in another surveyor to arrive at an unbiased decision however this is not binding.I will of course read and digest 1996 again, however the conclusion that I have come to is that unless you have brilliant neighbours a dream area and really want to stay where you are, then put the house up for sale and buy a larger  property in the end it will save you money and hassle!

Dawn Hardy ● 4482d

I understand that any domestic structure built without planning permission automatically becomes "legal" if no enforcement action is initiated within 4 years of completion. Given that many structures are at the back of houses the council is reliant on neighbours informing them of any buildings going up.Incidentally, many structures do not require planning permission as they are covered  by the permitted development rules. As Adam has pointed out, they still need buildings regulations approval and are technically illegal without this for the first 4 years.In terms of neighbour disputes, it is usually the case that these are a matter for the householders. The council would only be involved if they were negligent in dealing with complaints. I remember a case where a resident allowed his neighbours to enter his garden to build footings while he was on holiday. He came back to find the structure partially built on his land obscuring his view of the road. After a long court battle he was awarded financially compensation in exchange for transferring the land to his neighbour. However, I don't think he ever received the money.ADVICE: If your neighbour builds anything that you think might affect your property contact the council IMMEDIATELY and ensure the matter is logged. If you wait it could be too late!

John Connelly ● 4482d

So if that happens and a few years along the line problems start to occur,What can a householder do if they are affected by a neighbours actions? Is it all down to lawyers and courts? Do the council come forward and submit the fact that the rules were not adhered to?

Michael Brandt ● 4482d

Party wall wise it's a civil matter between the two parties that if needs be would be addressed through the courts - nothing to do with the Council.If the neighbour starts building prior to the granting of planning permission then technically they are in breach of planning control and potentially liable to enforcement action if the Council consider it expedient, having regard to planning policies and all other relevant material planning considerations, to enforce.

Adam Beamish ● 4482d

What happens Adam if a neighbour jumps the gun and starts building before planning application is approved or before a party wall inspection has taken place?

Michael Brandt ● 4482d

You can also view planning applications and plans online - especially useful if the Council has not consulted you:http://planning.hounslow.gov.uk/planning_user_accept.aspx?cookieCheck=trueJL

Jim Linwood ● 4483d

Thanks so much Adam your a sweetie.

Dawn Hardy ● 4483d

Many thanks Vanessa.

Dawn Hardy ● 4483d

Thanks Reg,I have just spent the last hour on the Net, I never thought that a simple question would open so many portals with simplified answers.There appears to be absolutely nothing that you cannot get an answer to.

Dawn Hardy ● 4483d

The planning department generally sends letters to adjoining occupiers to notify them and it also gives them a chance to object if they want to.

Vanessa Smith ● 4483d

Reg is correct, if you obtain planning permission for an extension then nothing within the planning legislation requires you to contact the neighbours - after all they will have been consulted at the time of determining the planning application.  However, under the Party Wall Act (which is civil legislation) notice may need to be served on the neighbours before any footings or foundations are dug.Ironically enough the Coalition's idea of increasing the size of extensions which can be built under permitted development rights (i.e. without requiring planning permission) has now been amended to require people to ask their neighbours for their consent, which for reasons I explained on another thread recently is absolutely crazy and  wholly contrary to the long established principles and basis of the planning acts.

Adam Beamish ● 4483d

They might need seperate Party Wall permission?

Reg Ghosh ● 4483d