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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8698
Experience:  I have been practising for 30 years.
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My neighbour is building an extension and has planning

Resolved Question:

My neighbour is building an extension and has planning permission. They have however taken down a stone built 20 foot tall garage add to that a pitched roof which borders our garden and which gave us a great deal of privacy. They are replacing it with a 6 foot wall which will mean their new extension will completely dominate our garden. Is there any law that says we are in our rights to request a taller wall? Thank you
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

Dominance of the next-door property over the adjoining property is certainly a consideration for the planners when deciding whether to grant consent or not. However, as the name and now has consent, clearly, it wasn’t that much of an issue in their eyes.

You could have asked for a planning condition that there was a larger wall between the two properties because the highest wall that can be built without planning consent is a 6 foot one.

You mention that the extension will dominate your garden. I think you mean that it will overlook your garden because if you have a bigger wall, then obviously the wall, which is closer to your garden, would dominate it.

With regard to anyone looking out of the window into your garden, you can’t take issue with that and if you look at any house built recently or indeed over many years, from the upstairs window, it’s possible to look into next door’s garden. My house is no different.

At this stage, now that consent has been granted, if they don’t want to build the wall higher, there is nothing that you can do. Even if there was some provision whereby you could enforce it, if they didn’t want to do it, you would be faced with going to court. That would be expensive and risky. What you might want to consider is agreeing that your cost, you will apply for planning consent for a higher wall and pay the extra cost of the extra height.

Although it is likely to cost several thousand pounds, it is absolutely risk free. I’m sorry to say, it’s either that or you’re stuck with the six-foot wall. Sorry.

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8698
Experience: I have been practising for 30 years.
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