Temp
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Section 73 variation of conditions form- help
Temp replied to DragsterDriver's topic in Planning Permission
Depending on the scale of the changes you need to go one of three different routes. Discuss the changes with planning first to see which route they say you need to go down. The first is the easiest.. Non-material Ammendments: If the changes are minor there is a form for "non-material ammendments".. https://www.planningportal.co.uk/faqs/faq/66/where_can_i_find_the_non-material_amendments_form Minor Material ammendments For these you use the Section 73 form which is normally for varying conditions. I've not done one but I believe you cite any condition that refers to the existing approved drawings. (They normally say things like "The house must be built as per the approved drawings"). Then where it says "Please state why you wish the condition to be removed or changed" you put something like "See the attached schedule of changes to the approved drawings". The schedule should list all the changes and the reason why you are requesting them. Include a new set of drawings. Major Material ammendnent I think you need a new planning application. -
It would appear that they can use it unless there are explicit restrictions in the title deeds and yes washing maybe considered an obstruction. Sorry. http://www.boundary-problems.co.uk/boundary-problems/easements.html Usually the "rightful user" referred to in the preceding paragraph is the owner of the dominant tenement. In the case of a private right of way it is anyone with a legitimate purpose for visiting the land (which could be the rightful owner, his immediate family who live there, any servants or staff who work there, anyone visiting the land for social or business or duty reasons). This explains why the postman (for example) may make use of the private right of way even though he does not own the dominant tenement.
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Is that in your deeds or theirs? If its in your deeds it would be worth looking at the wording in the neighbours because I believe that's where the details and any obligations and restrictions are listed. You can get a copy of their title from the LR for about £7... https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.37960928.2119531641.1630009460-877028900.1600035571 It is possible that only the owner has a ROW not other people like trades but the devil is in the wording. Its also possible the wording is so bad as to be unenforceable. For example if "No1" isn't sufficiently well defined. This has general information including excessive use.. http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html Generally: you may pass and repass along a right of way as long as you do not stop and linger on the right of way; if the right of way is obstructed then you may divert along another route provided that the diversion remains on land belonging to the servient tenement (otherwise you would be trespassing on a third party's land); a gate is not considered as an obstruction of the right of way, provided that the users of the dominant tenement have the means of opening and/or unlocking the gate; the owner of the dominant tenement cannot expect the route to be widened, strengthened or given extra headroom just because his needs have changed: he is entitled only to the width, weight or headroom that was envisaged at the time of grant of the right of way. A private right of way on foot permits you to: pass and repass on foot between the dominant tenement and the public highway; with or without a load that one person might be expected to be capable of carrying; or pushing a small barrow or trolley or perambulator, or wheeling (not riding) a bicycle, provided that the wheeled device is not too wide to be accommodated by the footpath and by any gates along the path. A vehicular private right of way permits you to: drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement; stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle provided that there is not an adequate loading or parking area on the dominant land; perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles. Snip Excessive user Owners of servient tenements are sometimes aggrieved when there is a dramatic increase in the traffic using the right of way across their land. They may take Court action pleading excessive user, ie. that a higher level of use than permitted has taken place. Such action is almost certainly doomed to failure because, whilst other limits may be in place on the right of way, there is usually no limit on the number of times in a given period that the dominant tenement may use the right of way.
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As long as you sleeve the ends?
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Sadly if they have a right if way over your patio there is little or nothing you can do to prevent them using it. Do they need to use it or have they got an alternative route to the highway? If they have an alternative you could consider offering to buy out their ROW. The cost would depend on their need and your ability to haggle. There would be some solicitors and land registry costs.
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+1 to what others have said about waterproofing and gel/resin filling the boxes. Air expands and contracts with temperature changes and can suck water in past seals.
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Multiple layers of insulation to insulate flat roof?
Temp replied to Tim B's topic in Heat Insulation
If its a warm roof (insulation above the rafters) then you shouldn't add too much more insulation on the underside. The thinking is that there will be a thermal gradient from hot inside to cold outside and that If you put a lot of insulation on the underside as well you effectively move the structural parts of the roof towards the outside temperature increasing the risk of condensation forming. I believe the general rule is no more than 1/3rd of the insulation should be below or between the rafters with 2/3rds above. So if you had 100mm of insulation above the rafters then don't put more than another 50mm below. Also worth adding a vapour barrier before plaster boarding to reduce risk further but this may have an implication for downlights (ideally they shouldn't penetrate it). -
retaining wall brick Wall supporting highway
Temp replied to David126's topic in General Structural Issues
I think you need to find out which came first. If the ground was leveled and retaining wall built to allow your house to be constructed then unfortunately I think its your responsibility. If the road was widened and the retaining wall constructed after you house was built then you might have a case. Is there anything in your deeds? Are neighbours affected? Have Highways Dept inspected the wall? https://www.devon.gov.uk/roadsandtransport/maintaining-roads/managing-the-network/retaining-walls-and-bridges/ So if you allow it to fall down they might be able to send you the bill to fix it. What does your house insurance cover? Sometimes they won't cover retaining walls unless they have been adequately maintained. -
Woodburner install false chimney breast
Temp replied to Robbie39's topic in Stoves, Fires & Fireplaces
Is it a new house? What's the chimney liner made of. Our chimney uses 225mm pumice liners with a 45 degree bend at the bottom so it comes out of the wall at 45 degrees. To that we fitted a register plate (more like a funnel) then 150mm stove pipe to a floor standing stove. All this is within a block work recess so you only see the stove pipe dissappear vertically upwards. You can't see the register funnel unless you look up under the lintel. Can the cassette stove be installed in plasterboard? I might be wrong but I think class 1 is intended to stop fire spread in the event of a fire not be subject to constant heat. I think you best get a HETAS approved installer involved. -
Woodburner install false chimney breast
Temp replied to Robbie39's topic in Stoves, Fires & Fireplaces
I'm not sure how you can connect into the existing chimney. I don't think horizontal runs are allowed/recommended so I think you have to go back and up at 45 degrees which may put the connection above the lintel? -
There are some guides but not great.. https://www.lightingcompany.co.uk/blog/light-a-sloping-ceiling-lighting-from-a-different-angle/ Adaptors are needed for some lights to cope with the slope.
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Personally I prefer the original design (if not the catslide). Think the new one is going to be dark inside with all those small letterbox windows.
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Permission from the developer?
Temp replied to Mstevo21's topic in House Extensions & Conservatories
As I recall covenants only bind future owners (eg you) if they are written to the benefit of nearby land rather than people. Yours appears to be written to benefit the transferor (eg a person or company) not the land next door. See... https://www.harrison-drury.com/property-construction/challenging-and-enforcing-restrictive-covenants/ Sorry about large font. It's in the original. [mod comment: formatting fixed] -
Change of use - Private Open Land to Private Garden
Temp replied to Shadowkat's topic in Planning Permission
This page hasseveral definitions of Private Open space... https://www.lawinsider.com/dictionary/private-open-space private open space means land that is privately owned and used for practising of sport, play- or leisure facilities or used as a botanical garden, cemetery or nature area. Sample 1 Sample 2 Sample 3 Based on 23 documents Save Copy private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building. private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building. "property vegetation plan" mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016 ). "pub" means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises. private open space means an open space to which the general public has no right of access and which is used as a private sport and play ground or as an ornamental garden; Would need to look and see where they come from to check if relevant. Edit: most seem to be from overseas documents,.- 4 replies
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Change of use - Private Open Land to Private Garden
Temp replied to Shadowkat's topic in Planning Permission
I might be wrong but i thought you only need planning permission for "change use" if the two uses are in different "use classes". I thought PP wasn't needed if they are in the same use class? In which case the question is. Are "Private open space" and "Private Garden" both in the same class? Unfortunately this page doesn't seem to help. Might be necessary to look at the "Use Classes Act", I think that's what its called. https://www.planningportal.co.uk/info/200130/common_projects/9/change_of_use- 4 replies
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Multiple layers of insulation to insulate flat roof?
Temp replied to Tim B's topic in Heat Insulation
Make sure you know if its a warm or cold roof construction. Details here.. https://www.tendringdc.gov.uk/sites/default/files/documents/planning/building control/Flat roof guide.pdf -
That sounds like a loose connection at the upstairs switch.
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Builder cut 4.5cm off joists due to floor level screw up
Temp replied to Loz's topic in General Structural Issues
Sounds like a recipe for a creaking floor. -
Builder cut 4.5cm off joists due to floor level screw up
Temp replied to Loz's topic in General Structural Issues
Is it just this room? If so I'd fix it properly. If there is no head height issue downstairs I'd knock the bricks off replace with deeper joists resting on the steel. At other end of the room there are ways to fix joists to a wall without having to cut new pockets. For example bolt a timber to the wall using resin anchors and the use joist hangers. I'm thinking two days work. Knocking out the noggins and sistering the joists will also work fine but its like crashing a car. The insurance co might do a good job of making the damage go away but I can't unknow its happened. -
Seems a perfect black body in the sun can only get to about 90C.. https://www.quora.com/What-material-will-get-the-hottest-if-it-is-left-out-in-the-sun 364K =90C Edit: For some reason I cant post the latex calculation at that link but check it out
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All I could google was this.. https://www.kcbd.com/story/14930192/how-hot-is-the-playground/ Presumably thats 200F = 93C
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+1 Once planning Permission is granted its nearly impossible to get it withdrawn or amended. You have some rights when it comes to building on or near the property boundary but don't get too excited... Nothing can overhang the boundary line without your permission. That includes things like guttering and rainwater down pipes, window sills etc. In some cases this means that the wall of the building has to be built some inches, perhaps 1ft, on their side of the boundary. Its not uncommon for builders to (conveniently) forget this and build the wall adjacent to the boundary meaning the eaves and gutters are going to overhang when they get that high. If you think this will happen stamp on it quickly. If you leave it too late they may not be able to afford to rectify and will likely carry on relying on the fact that you can't afford court action and courts are fed up dealing with such minor matters anyway. Legislation allows neighbours access to each others land for maintenance purposes but there is no similar legal right of access when doing new building. In general its is better to allow them access to build the conservatory because it makes it easier for them to make your side look good. For example it's harder to lay bricks "overhand" (eg from their side only) and get a good finish on your side. If the fence is yours they have no legal right to remove it, either permanently or temporarily to make construction easier. Amazingly the neighbours DO have a right to put their foundations partly on your land IF IT IS NECESSARY. However it is very rarely necessary. The Party Wall Act says.. a Building Owner shall have the right “… to place below the level of the land of the Adjoining Owner such projecting footings and foundations as are necessary…” The Party Wall Act gives you some rights IF their foundations are going to be within 3m of yours AND are going to be deeper than your foundations. There are other rules but this is likely to be the most important for you. However unless you live in a very old property it is unlikely that the foundations they need for a conservatory will be deeper than your house. If this were to be the case you might be able to bog them down in surveyors costs but try and resolve things amicably first. Right to Light Act: The 45 degree rule is an attempt by councils to recognise people have a right to light. However the 45 degree rule is not "law" its only guidance as you found out. The law is detailed in the Right to Light Act. This would only be worth investigating if it looks like they will be virtually blocking up one of your windows. From what you say its very unlikely the impact their conservatory will have will reduce light levels enough in your rooms to amount to a breach of the Act. If it did then this could be a show stopper as it trumps Planning Permission.
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How to convince BC that slab not needed on the hardcore?
Temp replied to Olf's topic in Floor Structures
Does he want to inspect it before you pour?
