What can I expect (Party wall)

[Rich Pen]

Twenty years ago the previous owner of my plot had planning permission refused twice.( Which Im my opinion was a rediculous design and had zero chance of being approved).

There still are the same two neighbors who have back gardens butting up to the site in question who very strongly objected to those applications.

My application on the same plot has just been submitted and I may get lucky.

One elevation of my new build finishes very close to those same neighbours 1.8 meters high close boarded fence boundary and there is going to be very very strong opposition to my application.There are no structures or foundations within 10 meters of the boundary and fence.

if planning is granted I then have to ask the same very angry people for permission to build and probably a party fence wall agreement.

What sort of journey can I expect to have to travel to be able to proceed.

Any idea of what it could cost me and how long it could take.

Advice would be appreciated.

Cheers.

 

[PeterW]

6 hours ago, Rich Pen said:

One elevation of my new build finishes very close to those same neighbours 1.8 meters high close boarded fence boundary and there is going to be very very strong opposition to my application.There are no structures or foundations within 10 meters of the boundary and fence.

A timber fence is not a party wall or a party fence wall - you need do nothing as long as there are no built structures within 6m of your foundations. 
 

https://www.partywall.expert/party-fence-wall/

[joth]

7 hours ago, Rich Pen said:

if planning is granted I then have to ask the same very angry people for permission to build and probably a party fence wall agreement.

If planning is granted you don't need any more permission from your neighbors (unless you're looking to cross their land for access for works?) you just need to follow a set of rules as set out by the party walls act.

 

Peter's comment notwithstanding, if you did have to issue a party wall notice you can expect them to require you to pay for the surveyor they appoint (in addition to your own), and a lot of awkwardness, but ultimately they can't just decide to block you

[Rich Pen]

Thank you for some positive news.

One last question if I may.

The only other boundary is a concrete path about 100mm thick.

Where do I stand with that situation?Is that a structure.

All the best.

[PeterW]

Again, a path does not count as a party wall 

[Ferdinand]

9 hours ago, Rich Pen said:

 

One elevation of my new build finishes very close to those same neighbours 1.8 meters high close boarded fence boundary and there is going to be very very strong opposition to my application.There are no structures or foundations within 10 meters of the boundary and fence.

if planning is granted I then have to ask the same very angry people for permission to build and probably a party fence wall agreement.

 

 

You can build it without any access to next door and anyone or anything touching their fence, can’t you?

 

Or you will need to negotiate access.

Edited October 1, 2020 by Ferdinand

[Big Jimbo]

`No party wall agreement needed. Don't even waste any time or money on this. Good luck with your planning application.

[Rich Pen]

Thanks very much.I believe the elevation next to the wooden fence will be completely on my plot and can be constructed in what I believe is called "overhand ".

[Mr Punter]

Make sure fascia / soffits / gutter does not overhang.

[Ferdinand]

1 hour ago, Rich Pen said:

Thanks very much.I believe the elevation next to the wooden fence will be completely on my plot and can be constructed in what I believe is called "overhand ".

 

Yes - that can be done. The quality of the pointing will be poorer, but it is possible if there are a few inches of space.

 

I'm not wanting to open a debate, but if your neighbour's structures are well away from your new side wall might it be worth offering to buy a strip of land - say 1.2m or 2m? It would cost a fair amount, but would make it easier to build more neatly and more maintainable, and may even gain support if he is going to get a few thousand out of it. Just a thought.

 

Ferdinand

Edited October 1, 2020 by Ferdinand

[Rich Pen]

Thank you.The unusuall situation is that those neighbours have encroached by about 1.3 meters over a twitten / footpath up to my boundary.The footpath as far as I am aware was not a public right of way but a official footpath that ran along the back of a few rows of houses around here.

If they had not encroached my build would be very much easier plus they objected to the historic application on the grounds that the project would abutt there property.

In my view they brought the close proximity of my elevation upon themselves.

Any thoughts.

[Ferdinand]

Aha - the one with the services going through the eye of a needle. ?

 

Had not twigged to your other question.

 

F

[Temp]

13 minutes ago, Rich Pen said:

they objected to the historic application on the grounds that the project would abutt there property.

 

If they try that this time I would download their title plans from the land registry web site (<£10 I think) and look on google earth etc to find evidence of the encroachment. Then send the planners a reply to the their objection. 

 

Its quite likely they have never formally filed for adverse possession so they don't officially own it yet.

[Rich Pen]

Could be useful.I do have a screen shot from GOogle Earth showing the footpath still open.

I know the people in question to say hello to.My architect says maybe I should just let them know that my application has been submitted.Or shall I keep schtum.

Thanks very much all.

[Rich Pen]

Don't blame you if your glazing over now.My title plan clearly shows the twitten north of my plot.