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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27897
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently received a rather disturbing notification of a

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Hi,
JA: Hi. How can I help?
Customer: I recently received a rather disturbing notification of a planning application forwarded by my neighbour. Application no. 20/02877. I have concerns about this because it will leave me with a 10foot wall running half the way down my garden. I also have a right of passage through the property since I am the second property in on a terrace of 4 and my gas supply runs down tyheir drive and across the back of their existing property. The first part of the plan is a 2 storey extension to the back of their property which I have already aggreed to but the single story part of the extension is the problem. My email address is***@******.*** and my telephone number is ***** 624006 (there is an answerphone on the telept if yousay who you are and leave a number, I'll get right back to you). I would like to know how this stands legally and what I can do about it. The Application no. 20/02877 is available at www.rbwm.gov.uk/home/planning/find-planning-application
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, not wet, I have till 2/12/20 to make comments and I need the background information first.
JA: Where is the property located?
Customer: Westborough Road in Maidenhead, Berkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If he has any questions I'll answeer as required.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am very sorry to read of the above. May I confirm if the extension(s) are being built right up to the boundary line please?

Customer: replied 19 days ago.
As far as I know it is

Thank you. Lastly has the neighbour served upon you a party wall notice in relation to either extension being built along the boundary line?

Customer: replied 19 days ago.
No, not wet at least. They don't yet have planning permition and neither of them has yet been started (despite what it says on the plans where it says the 2 storey parts is the existing floor plan, it is not built yet) so I wouldn't have been contacted yet.

thank you. It is obviously open to you to object to the planning applications in the usual course of events and should you choose to do so, it would be worth your while obtaining a copy of the local plan for your area from the council in order to determine what factors you can use to legally object to be planning application. Planning regulations will vary from local area to local area as regards ***** ***** are taken into account in determining a planning application and objections are best framed using the relevant local plan as your basis.

However, notwithstanding the grant of planning permission, if the extensions are to be built along the boundary line, your neighbour must first serve upon you prior to starting work, a party wall notice as you must agree to the works before the neighbour can legally proceed. If you do not agree, either you or your neighbour can require a party wall surveyor to be appointed either to act jointly the both of you or separate surveyors as you prefer who can prepare a party wall award to take account of any concerns you may have in relation to the works proposed so far as they have an effect upon your property. The costs of said surveyors fall to your neighbour as the person wishing to carry out the works.

If a neighbour does not adhere to the above requirements, you have the right to apply for an injunction together with costs to prevent the building work continuing until the neighbour has complied with his statutory obligations which you can apply for using form N16A:

https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

Customer: replied 19 days ago.
Hi Joshua, Is there any legal issues with my right of passage or with them removing a manhole that my gas supply runs through.
Customer: replied 19 days ago.
Joshua, are you still there?

The build cannot interfere with any rights of way you enjoy including a right to supply of gas etc. Regarding removing a manhole, this would depend upon whether it is located on your land and if not whether you have a right to inspect using the manhole.

Customer: replied 19 days ago.
Hi, how do I find out if I have a right to inspect using the manhole
Customer: replied 19 days ago.
Hi, How do I find out if I have a right to inspect using the manhole?

you would need to consult your title deeds to determine the extent of rights you have in respect of any manhole located on your neighbours property. Any such rights you hold would be contained or referred to in the property register of your title registered at the land registry. a copy of your title deeds can be obtained from the land registry using the following link if you do not have a copy in your possession for a fee of 3 pounds:

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

To the extent that the manhole is located on your land, then the neighbour cannot interfere with the same without your consent.

Customer: replied 19 days ago.
The manhole is on my neighbour's property but in the plans it says that they intend to remove the manhole and another one both of which are covered by the proposed building. I'm assuming they can't remove this manhole while there's a live gas feed running through it.

If you have rights in relation to the manhole or gas supply this is a matter that can be covered under any party wall award

Customer: replied 19 days ago.
OK, thanks for that. I think I need to get some things together so I'll do that. Thanks again for your help.

A pleasure

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