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Hi

My neighbour has started work on an extension before submitting plans to the council.

The extension is to add an additional 3 metres to a pre-existing 5 metre single story extension on a detached property. So 8m from the original dwellings wall.

Our neighbours submitted the plans 4 weeks after starting development. It’s now going through neighbours consultation process. I don’t understand why planning enforcement won’t act as PD on larger house extensions state that prior approval should have happened before work commenced.

Also not only did they start the development before prior approval they laid the foundations at 10m and built the wall up to the dampproof level. In the submitted plans it shows 8m but in reality they look like they are building at 10m. All this has been raised to planning enforcement.

We are not in objection to the build at 8m but are in total objection at 10m due to it being so big, shadowing over part of our garden, also their windows will impact our privacy. Oh thier floor will be about 1-1.5 feet higher than ours, and the build is less than 1m from the fence line.

It would appear our neighbours know how to play the system. We couldn’t get investigate a party wall agreement as there we no plans available at the point this may have been appropriate. They look to be building out further than the submitted plans.

We are feeling pretty much helpless to stop them after it would appear the planning enforcement don’t seem to be stopping the development. Are we missing something that could help us stop this development ?

Was the 5m extension approved under a previous application?

Yes the previous extension was approved back in 1982-84. On the planning portal there is a reference to a drawing but no drawing. However I lived here whilst it was built, so know exactly what was built.

On the land registry it shows the footprint of the original dwelling built early 1940s. Length of origin east facing wall was about 7.31m. Which had 5m added in the late 80s, now to have 3m added if new owners adhered to their submitted plans. However as mentioned they put foundations at 10m and started wall to level of damp proof course out at 10m

So they put in Prior Approval (which has not yet been determined) for an additional 3m and are currently building for an additional 5m?

Correct

What are Planning Enforcement doing or not doing? Have you also tried getting in contact with the Planning Officer?

I would like to believe planning enforcement are still investigating the unauthorised works.

I feel however at worst they may ask the neighbour to put in for retrospective planning which to me lets them off the hook and I feel is what they intended all the way through. The neighbours will continue to build and once finished be able to live in property, then go through the appeal process until the build is signed off. All the time knowing it’s more likely the build will be approved due to the cost of enforcement or legal challenge as it’s only going to be 2m over. I must mention their son is a high court judge, which is probably one reason. They seem untouchable.

Since the start, the lies they told, the build process to date, I have 2nd guessed them all the way. This is why I was wondering if there is any other action or areas of challenge we can follow to stop them completing the build. I feel once it is built there won’t be much we can do. It will also take a lot of time even to get to court, if that’s where it ends up.

Thank you

If the LPA aren’t playing ball and as quickly as you want, then you should speak to a Party Wall Surveyor along with a Right to Light Surveyor.

Unless it’s a detached house with no nearby neighbours, seeking Planning (retrospective or not) for a 10m deep extension isn’t going to be easy.