Neighbour's extension plans

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Andre

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We live in a semi-detached house where the back garden is facing due south and our house is east (left) of our adjoining neighbours. Between the two houses is a 6.5 foot party wall. We have learned from our neighbour that he is planning to extend his house across the full width of the downstairs floor, thereby enlarging both his kitchen an living room. His plans will mean increasing either the height of the party wall up to 9 feet or building a 9 foot high wall just inside the party wall. Our concern is two-fold: 1) aesthetically, we do not like the idea of looking at a 9 foot high wall when we look out our kitchen window instead of the sky and 2) we will lose considerable sunlight in our garden in the late afternoon/evenings as the sun swings west behind the existing 6.5 foot party wall - it will set a lot earlier for us if that wall is extended to 9 foot.

While the extension will be under 40m2 in size the neighbour has told us that there are no planning issues and that raising the height of a party wall is something that they can just go ahead with. Can anyone give me advice whether he is correct in relation to planning and whether, if reasoning with our neighbour fails, there is any way we can object to what he is proposing.
 
If the light is being blocked then you have grounds to stop this - raise that concern with the neighbour & see what he say's. If he doesnot heed then you can seek advise from the planning authority &/or your own engineer.

Whether or which this wil most likely strain relationships so be prepared for that.

ninsaga
 
From what you said, I'm not sure that your neighbour will need planning. In which case you will be unable to complain about lack of light etc. (provided it doesn't constitute an interference with a right to light, which it is seriously unlikely to do).
Here is the list of exemptions and nature of exemptions:

http://tinyurl.com/vj7u9

Some questions:
Are you sure it will be as bad as you think it will be? Remember, he can't have more than 40 sq.m. and must leave 25 sq. m. of a garden minimum. How far along will he actually build this 9' wall?
 
The wall will run from our back wall for a distance of 14 feet to the existing utility rooms. There is a utility room on either side of the party wall that runs for another 12 feet (9 feet high) and finally a 5 feet of a 6 foot party wall.
 
If the development is "exempt" because it is less then 40m2 then you cannot do much.
An example if this is where you see hge protests about telecoms Mast being built or swapped for bigger ones. Even when the local councillor is wheeled in no more than a good moan about it is the result.
These are exempt developments and even huge street protests cannot have them stopped.
So if his extension falls within the exemptions you will not likely be able to prevent it.
If it does greatky concern you get a copy of the plans and have an arch look into it. he may breach some other regulations in the const you can use, however ultimately he is likley to be able to correct any errors you point out and just go ahead and build.
They are likely to need to use your land to do some of the work I would say, you can use this to help negotiate if alll esle fails.
Hey why not co develop with him and take advantage of economies of scale. As soon as MR Jones extension is done you will then probably want one!;)
 
I think you should both sit down and discuss this before it goes down the legel route, try get a fair balance, also no chance of you doing the same using the same builder would save both some cash if you thought one day you might want an extension,
 
Your neighbour has a right to build 40 sq. mts. without planning as long as there is a certain amount of garden left. I'm sure it's been mentioned here before so maybe a search would help.

He does not have the right to use the party wall without your permission. If you allow this, then any repairs and maintenance will have to be carried out from inside your garden. As I said, the only thing you can object to is the amount of garden left, and the use of the party wall.
 
Thanks to all for the useful feedback. It seems that we can do little except refuse the use of the party wall, but we'd still be looking at a 9ft wall inside the existing party wall. As we are considering an extension ourselves we will probably engage in looking at economies of scale as suggested.
 
Wouldnt it be great if at stage one people tried to co-operate with each other. Why didnt your neighbour call in, mention that he was extending. Ask if you were considering doing so in the near future. Save so much trouble
 
If you do think about using his builder and extending at the same time dont let this on to him.
Get your quote based on doing it at another time in the future, then go back and ask what he will knock off to do the 2 in parallel once you have this one.
 
If you are thinking of building an extension at some stage, then it makes most sense to let him built the new party wall. You can then use this wall in the future for your extension. Ensure he doesnt put any vents etc onto it (needs your consent for this). You'll both gain some space if you approach it this way. My neighbour did a similar job some years ago & while I wasnt happy at the time, it isnt as bad as I thought and we got a brand new party wall the whole way down at his cost. We're now starting our extension & have the benefit of having one wall already in place. If you plan on staying there theres not much point in having a falling out.
 
also if you use the party wall it cuts down a third of your foundation/wall building costs - best bet is to talk to him - you will find it much easier in the long run
 
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