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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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Our neighbour has submitted a planning application to build

Resolved Question:

Our neighbour has submitted a planning application to build a new garage adjacent to our own. They are building within their boundary but there will be insufficient space between the 2 walls for us to maintain our flat roof garage and facias. Do we have a valid reason to object?

Here is the link for the plans

http://www.rbwm.gov.uk/pam/planning_application_search.jsp?appnum=14%2F02889%2FFULL

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola. We can wait for a couple of more days. Our comments have to be back with the planning office by either 23 or 28 Oct. They have folded the letter right over the date so I can't tell if is a 3 or an 8. I will check with their office on Monday, so please keep trying for the moment. Thanks!

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

It;s really odd that you can't find anyone to help but thank you for trying. How do I get a refund?

Thanks

Mandy

Expert:  Buachaill replied 2 years ago.
1. Dear *****, At the outset, you do have valid grounds to object any time there is development occurring in an adjacent property. At the very least, you should give your opinion on the fitness and suitability of the development planned. However, legally speaking, when you are dealing with adjacent owners, each adjacent owner can build up to the midpoint line of the boundary without infringing the law. Additionally, in law, there is no obligation to leave space between adjoining walls so that repairs and maintenance can be carried out. Instead there is an Act of Parliament, the Access to Neighbouring Land Act 1992 and subsequent Acts which gives a right to a neighbour to enter upon neighbouring land for the purpose of carrying out repairs to his property. So here, you can still enter upon your neighbour's land to carry out repairs to your flat roof.
2. From the plans submitted by the Jacksons, I assume you are at the same end as the garage is being built as there is minimal clearance here between your property and theirs. In this regard you should include some submission as to the suitability of this close gap. If it is likely that there is rainwater transgressing on your property, you should point this out. Additionally, if there are design aspects of the plans, such as the addition of solar panels which you do not like, then you should make submissions on these. It may be possible to negotiate some change with your neighbour in respect of the design if you particularly want some change. Additionally, the planner in the Borough of windsor & Maidenhead might not be happy with all the design aspects. So do make submissions.
Customer: replied 2 years ago.

Thank you for your advice. I had a feeling that we had no legal grounds to object but the wording you have used will help me in my own comments. The solar panels are already installed so the application is retroactive and as we cannot see them from our house we have no problem with them. However they intend to install grey aluminium windows which are not in keeping with the development we live on where all window frames are white.

With regards ***** ***** garage would it be wise to suggest in my comments that a "joint garage" with a shared party wall and shared roof, in a design acceptable to both, would be an alternative i.e build on to our existing garage and roof across both. I presume this would need an alteration to our deeds to take account for the shared responsibility?

Expert:  Buachaill replied 2 years ago.
3. Do make submissions in relation to the aluminium windows, as this is a design feature which is easily coloured or altered. Secondly, I would not recommend a "joint garage" as this may cause problems whenever your house gets sold in the future, as issues arise about the maintenance responsibilities of each property owner. You can certainly state that the garages .be built contigiously up to the midpoint of the boundary line. However, you are always better off to keep properties separate so they can be easily sold.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience: Barrister 17 years experience
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