Do I need planning permission to excavate some earth / rubble?

[dodgems2023]

Hi all,

 

I live in a basement flat.

 

My garden is at a higher level than my flat. So I want to excavate some of my garden, to drop the levels down to my flat, so I can use it more easily.

 

I have informed my neighbour about this, and they are concerned that my excavations will compromise their garden, which has the same levels as mine - which I can understand.

 

They are also concerned about the high brick garden boundary wall between us falling down - which I can also undertsand.

 

I spoke to a structural engineer who recommended  digging trial pits.

 

So I dug a trial pit, and can see that the garden boundary wall extends down towards the same level as my basement floor.

I have also found an old retaining wall perpendicular to the garden boundary wall.

 

So it appears that the area I want to excavate, has been infilled many years ago as I found plastic in the trial pit I dug.  

 

As I want to avoid all Party Wall Notices, and nosey neighbours, I will be getting a structural engineer to design above any existing foundations, by stepping up/away.

They will also design a retaining structure against the garden boundary wall.

 

I have informed my neighbour if this, but they are not satisfied and wants it all in writing - if I do not - that they would follow up with legal action......which would cause delays to my build.

 

So I told the neighbour I would try to get a surveyor or and engineer to confirm that my proposed work does not fall under the Party Wall Act, and let him know in due course.

 

However, I have since been told I don't legally obliged to give them anything in writing!  

 

Can anyone advise on what the best process is with dealing with this type of neighbour?

 

During my conversation with the neighbour they told me that the garden wall is theirs!

 

I do not believe them, as we have a shared rainwater down pipe between our properties, that is on my side of the chimney stack, and the downpipes is directly centred on the boundary wall.

 

Does anyone know how I can prove the garden boundary wall is either shared or belongs to my freehold?

I already checked land registry which tells me nothing.

 

Edited July 27 by dodgems2023

[dodgems2023]

Just to give some context regarding the type of neighbour I am dealing with......

 

Since I told the neighbour I was digging a trial pit hole to find how deep the foundations were, I left my property for a couple of hours, and came back to find the board that I had carefully placed to cover the hole had been dislodged and the hole was exposed....

 

 

[joe90]

Crack on and dig your test pits, get the structural engineer to visit and report back on what you can do and IF you need a party wall agreement. From what you have said above if you find an existing retaining wall under your soil and the boundary wall foundations extend to your flat level then digging out soil (IMO) is fine.

[BigBub]

Just to answer the title of your post, the minor excavations you are proposing would not constitute development and so would not require planning permission.