We had plans sent through when initial planning was applied for. The plans were subsequently changed but the updated plans were not sent by post. They were on the planning website. Is this OK or should the new plans have been posted? Also, the plans on the planning site don't actually show dimensions, just a drawing with a scale but no actual dimensions. Is this ok? Cheers
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As far as I know it's up to you to keep informed once the initial contact was made by the planning office. I have never seen plans that didn't have basic dimensions on them but there is always a first. Obviously there was ample time to make your concerns known to the planning office before permission was granted. That doesn't mean they can build on your land or trespass onto your property.
Speaking from experience of just having done an extension. The construction drawings that show footings etc didn't go to planning at all. In fact I didn't have them done until after I got planning permission. They only go to building control for approval which is a different thing all together.
Yes to the sketch on the fat packet. They don't care how you build it. Building control are only concerned it's built so regs and may ask you to change some stuff along the way. They come out periodically during the built to advice and sign off on stuff. I'm not sure they are concerned if you encroach on someone else's land. For all they know your neighbour might have given permission. It looks to me as if this issue here falls between 2 stools. Planning were happy with the design and building control are satisfied it is drawn and perhaps built to regs. The trespassing issue is probably a civil matter. Please don't take any of this as gospel as I'm thinking out loud. I'm not a expert, certainly not on the law.
I prepared and submitted God knows how many planning applications between 1969 and 1995....very few had dimensions on them. Most were drawn at 1:100 scale (or earlier on, 1/8" to 1'-0")....in fact I had drawn so many by the early 80s, I could draw to scale without using a scale rule at all. You could leave the types of materials out of the application as these could be approved as 'Reserved Matters' in theory just before work commenced. The hard work came after getting planning approval (or before if you knew you were going to get approval) and that was called fully dimensioned 'working drawings' which included the form of construction and materials to be used plus incorporating what the structural engineer you had appointed came up with. Those drawings were then submitted for Building Regulations approval, which once approved meant a building inspector would check on site at various stages (for example....foundation excavations constructed properly before concrete was poured). Unfortunately where it all went wrong was when the Government altered the Regulations procedure so that a builder could self-certify the construction complied with the Regs......that meant no visits from the Building Inspectors.....and it also means why so many developers get away with building shoddy houses these days. The NHBC guarantee is worth sod all too. In addition, architectural draftsmen (Cad operators) these days have very little knowledge of building construction and they simply aren't experienced enough to know what they have done wrong plus of course the computer won't tell them. They don't even use the correct terminology. As a case in point I still have some supposedly proper architectural drawings on my PC which clearly show the problem I have just outlined, but from a copyright point of view I should not post them here. However, none of the above means that an adjoining owner can construct anything on your land; alter your building; carry out work on his building using your land for access etc, without written approval from yourself (and in most cases, your mortgage lender). AL
Can you be sure what the correct line is? Does the Conveyance Plan or Land Registry Plan indicate it? Do you have photographs of how it was before he moved the fence? If so, write to him nicely and ask how he knows he has constructed in the right place....has he evidence / proof? Keep all communication in writing.....imperative. IMO, you should not remove his fence.....he has to do it; otherwise it might become more than a civil matter ie; Criminal Damage. This could get very expensive if it has to be sorted out in court.
It's proving where the border is that is the problem. Unless you have exacting drawings with reference points, preferably from the land registry it's virtually impossible to prove where exactly the border is. The usual 1:1500 OS map copies used by the land registry now have a disclaimer that you can't measure of them. If you have a old house and if you are lucky and the historical files the land registry hold haven't been de-materialized yet you might find some reference to borders in there. Something like' from the wall to the south extending 20 yards to the north. I had a neighbour who wanted to argue about the border to my property. Neither he nor I could prove it one way or the other. The closest I had was a drawing for drainage when my house was built showing a dotted border and some definitive features like trees so I probably had the better cards had it all kicked off.
Completely agree. My extension is based on a Oak frame. I drew it with a 200 X 200 mm main frame and trusses. Building control wanted it calculated by a structural engineer which cost me 1100 quid. They said as long as the frame is bigger than 145mm X 45 mm in softwood I'm good to go. Building control only came out 3 times. To see the hole for the footings, after the roof went up and when it was finished. I could have pretty much built it whichever way I fancied.
Have you got copies of all the documents and plans that were submitted.....you should be able to download them if they are online.
Wattle and daub has no load bearing properties.....what do you expect from a load of hazel sticks, mud, straw and cow muck?
I have a copy of the original planning application i was sent but it changed after that and i was not notified of the change.
Look for the changed documents including the regulations approval online is my advice......they are obviously fairly recent so they should still be available.
suggest looking into, temporay order to halt construction; to facilitate legal liability ramification Unless you've signed something the neighbour shouldn't be building on your side of the property. Even if you have a verbal agreement of sorts. Because this opens new owners up to having shared responsibility for potential damages. Another one is 'break down of communication' has developed whereby discussions & permission for shared work. Has lapsed into a larger worrisome state of being. Culminatiing in needing to take legal action to protect yourself.
So, last 1 1/2 hours I've been on the planning site. So he applied for planning permission which my neighbor and I were notified of and didn't object. This was approved. He then applied for 3 more lots of planning permission making it bigger and bigger and overlooking my neighbor and neither of us were ever notified about any of these. Also, I've just read the final "Design and Access Statement" and he has been in massive breach of it since work began. I've sent planning a very long email and asked them to stop the building work until my concerns are addressed and also I want to see the process of how subsequent planning should be informed to neighbors. Watch this space.....
