Excavation of rear garden: reported to the council

[bmj1]

This is a fun one...

 

• We were granted planning for demolition + rebuild, and as part of that agreed levels for our rear garden that showed a patio in line with FFL, and then 8 steps up to the back of the garden
• In the final event, we excavated a bit more, so just 3 steps up to the back garden (so an extra ~90cm of height has been excavated from the rear part of the garden, and a taller retaining wall has been put in place around the garden)
• A lovely neighbour has kindly reported us to the council for the levels in our rear garden not matching planning (i.e. being 90cm lower).

 

This picture shows what we have actually done:

 

 

Our planner has advised we can be fairly relaxed in terms of enforcement because lowering the garden doesn't cause detriment/harm to anyone.

 

But - I wanted to ask the wizards here for any advice on this. Should I be worried ? Any suggestions for points that should be made to the planners to secure a favourable outcome from the upcoming investigation.

 

Any feedback appreciated.

 

Many thanks in advance

 

Edited October 12, 2022 by bmj1

[joe90]

6 minutes ago, bmj1 said:

Our planner has advised we can be fairly relaxed in terms of enforcement because lowering the garden doesn't cause detriment/harm to anyone.

I think that says it all really, if it were higher then “overlooking” may be a problem, methinks your neighbour is a nosy b@stard with nothing better to do!  Who is waiting on who? Are the planners waiting to hear from you or are you waiting for the planners to contact/enforce with you?

[Kelvin]

How did the neighbour spot  that. 90cm is a reasonable difference but who would spot that just by looking. Has he accessed your land to measure it? 

[Ferdinand]

8 minutes ago, Kelvin said:

How did the neighbour spot  that. 90cm is a reasonable difference but who would spot that just by looking. Has he accessed your land to measure it? 

 

It's 3 feet. That's waist deep.

 

IMO anyone would spot it.

 

Is the bit by the house still at the same level? One concern I would check by email with the architect is whether there is any loss of lateral support to the structure of the house.

 

Is there a change of level wrt to your neighbour. If you are lower on your side, are they sufficiently supporter? As an N, that would be a concern for me.

[Kelvin]

My point is he would have to have been well versed in exactly what was happening by scrutinising the plans. A casual onlooking neighbour wouldn’t spot it. 

[NSS]

If your neighbour is a keen gardener, and you've effectively lowered the ground level your side if the boundary to the level his side, he may have legitimate concerns about moisture draining more easily from his garden than would have been the case had you not excavated the additional 90cm.

[Onoff]

You could easily lose your neighbour in 900mm if you do end up having to back fill.....

[Temp]

My guess is they are worried about your retaining walls. 

 

Building Control Approval isn't required for a retaining wall (surprisingly) unless it supports a building or neighbours building, but Building Control have powers to intervene if its unsafe.

 

Do they have any buildings near the boundary? If so the Party Wall Act may apply.

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

There is no penalty for not complying with the PWA but if an existing building or structure is/was damaged then not having complied might go against you if they took you to court. If there are no buildings nearby then I would take and date some photos showing they weren't there when the walls were built. 

Edited October 12, 2022 by Temp

[bmj1]

@joe90, @Ferdinand, @Kelvin, @NSS, @Onoff, @Temp:

 

Ok, so an update on this one: I realised since posting this that we've actually excavated closer to 1.8m at the back of the site, due to the slope (will measure it tomorrow, hopefully under the key 2m threshold). This retaining wall is 1 meter from their boundary, and they do have an out-house of sorts at the end of their garden, likely within 3m from our retaining wall. However, this work was conducted 6 months back..

 

Before anyone asks, the concrete block wall is reinforced with vertical steel bars, a horizontal steel mesh, and a heel and toe. We've also got drainage behind it.

 

Planner has reached out to me, and I've offered them a site visit (I figure this will serve us better than photos), and I'd like the chance to address any concerns. I think probably sensible to also have our planning consultant attend the site visit so we can best address any concerns.

 

It would be interesting to understand the neighbour's actual concerns - but as far as I can tell - they just seem to be 'one of those'. They objected to our rear dormer on the basis it impacted their privacy, despite it being 60 metres away from their house... I.e. I think @joe90 has got the right idea..

 

Any other ideas gratefully received

[Canski]

8 hours ago, bmj1 said:

@joe90, @Ferdinand, @Kelvin, @NSS, @Onoff, @Temp:

 

 

I think probably sensible to also have our planning consultant attend the site visit  

That sounds like a good idea. This is where they make / earn their money. 

[Temp]

+1 on the planning consultant. He will probably tell you what's likely to happen..

 

Typically when someone complains about a development the planners will investigate to see if Planning Permission is/was required. If its not required that will be the end of it. They will write to the objector and state that fact. 

 

If they decide it is required they may feel obliged to issue a Notice of intended enforcement. If you get one of those don't panic because they may just want you file a retrospective Planning Application to regularise the situation. Hopefully the Planning Officer will tell you what he thinks when he visits. Filing a planning application stops any enforcement action until its processed.

 

Even if Planning Permission is refused you can appeal.

  

[bmj1]

1 hour ago, Temp said:

+1 on the planning consultant. He will probably tell you what's likely to happen..

 

Typically when someone complains about a development the planners will investigate to see if Planning Permission is/was required. If its not required that will be the end of it. They will write to the objector and state that fact. 

 

If they decide it is required they may feel obliged to issue a Notice of intended enforcement. If you get one of those don't panic because they may just want you file a retrospective Planning Application to regularise the situation. Hopefully the Planning Officer will tell you what he thinks when he visits. Filing a planning application stops any enforcement action until its processed.

 

Even if Planning Permission is refused you can appeal.

  

 

Thanks, appreciate this feedback