What about the neighbours?
Neighbours are an important consideration when proposing a development. ‘Right to light’ and unimpeded views are very real concerns that any person could have, and can be factors in legal disputes that you’ll surely want to avoid.
The best practice is to discuss the project at the earliest moment with anyone you feel may be affected. It’s best to tackle issues early on rather than stick your head in the sand.
Once a planning application has been given approval, a third party cannot appeal against it, but if you try to push an application through without the neighbours noticing, you could easily get caught out.
This can result in bad neighbourly relations, legal expenses, delays in works and potentially total redesigns.
If you speak to them, include them, then their concerns can be laid out at the beginning and there may be certain design compromises you can make which suit all parties.
The Party Wall Act
You should familiarise yourself with the Party Wall Act if you share boundary walls with a neighbour. It states that you must notify your neighbour for any proposals that require:
- A new building on or at the boundary of two properties, e.g. new walls
- Amending, kicking down, rebuilding or cutting into an existing party wall/structure, including the removal of chimney breasts.
- Excavation near to and below the foundation level of any neighbouring buildings
Basically, you need to find out if the scope of work is covered by the Act and if it does, you need to serve a statutory notice to all defined as adjoining owners.
The Party Wall Act is national law, and entirely separate to Planning Permission. Legal action can be taken against if you break the rules, even if you have been granted planning permission from the council.
Equally, just because the neighbour consents to the works, you still need to seek Planning Permission or Building Regulations approval.
To read in depth about the Party Wall Act then follow this link to the official booklet PDF, which also includes the Statutory Notice for you and your neighbours to co-sign.
Can the neighbours object to my planning application?
Yes, absolutely.
After submitting your application, the local council should notify persons in the surrounding areas of any proposed planning by way of local newspaper announcement, written correspondence to adjacent properties or local public notice boards.
It will also publish full details of the development on the authority website. Any member of the public can comment on these proposals, within a set time period.
The reasons for neighbours to object changes from council to council, so it’s best to check with your local planning authority if you have any concerns, or let your Planning Agent speak to them on your behalf.
What about 'permitted development'? Do I still have to tell the neighbours?
You should definitely tell the neighbours if it will affect them in any way, even if using your Permitted Development allowance.
If you want to maximise the size of your extension by applying for Prior Approval, the council will also inform the neighbours.