problem with Neighbour about Conservatory Wall
#1
problem with Neighbour about Conservatory Wall
We are planning on having a conservatory build starting next Monday so I went round to see the neighbours and they are not happy about it.
We have a brick wall garage one side so we decided to brick the right side wall so it looks the same. The wall will be a fall wall and be 3m wide. Is there a max high we can go? I think the builder said it will be level with the top of the bottom floor windows.
The conservatory in total is going to be 5m wide and go out 3m.
We live in a newish semi.
I am going to speak to building control today to check but my building said everything is fine and we don't need planning permission.
My neighbour wants me to put a row of windows and not have the brick wall so high. I really doubt this will make a big difference to him it just means i can see in his garden. I really dom't fancy doing this and I don't talk to them much but I don't really want any problems.
What are you views?
Our gardens are about 10m long.
Thanks
We have a brick wall garage one side so we decided to brick the right side wall so it looks the same. The wall will be a fall wall and be 3m wide. Is there a max high we can go? I think the builder said it will be level with the top of the bottom floor windows.
The conservatory in total is going to be 5m wide and go out 3m.
We live in a newish semi.
I am going to speak to building control today to check but my building said everything is fine and we don't need planning permission.
My neighbour wants me to put a row of windows and not have the brick wall so high. I really doubt this will make a big difference to him it just means i can see in his garden. I really dom't fancy doing this and I don't talk to them much but I don't really want any problems.
What are you views?
Our gardens are about 10m long.
Thanks
#2
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from www.planningportal.gov.uk
Fences, gates and garden walls
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:
it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
your house is a listed building or in the curtilage of a listed building.
the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
So anything over 2 metres sounds like it needs planning permission
Fences, gates and garden walls
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:
it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
your house is a listed building or in the curtilage of a listed building.
the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
So anything over 2 metres sounds like it needs planning permission
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I doubt you will need planning permission to be honest, you will however need to meet with the required building regs, but as you mention you have spoken to building control and they have confirmed it's OK. A friend of mine has just had an extension built on the back of his house, pretty much the same size as you are planning, with a pitched roof, no planning required.
I'm afraid it's tough luck for the neighbour.
I'm afraid it's tough luck for the neighbour.
Last edited by cookstar; 05 October 2010 at 08:30 AM.
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My neighbour wants me to put a row of windows and not have the brick wall so high. I really doubt this will make a big difference to him it just means i can see in his garden. I really dom't fancy doing this and I don't talk to them much but I don't really want any problems.
#5
I think you will need planning permission. Building control and the planning department are separate. Building control said everything was fine with ours. But as a precautioin, I contacted the planning dept just to be on the safe side, they basically said it doesn't matter what building control says, you still need planning permission.
Remember, if you put something up without planning permission, you will have to take it down. Plus your neighbour could contact the planners which may get you into all sorts of trouble. You're spending a lot of money, best to ensure all bases are covered.
Remember, if you put something up without planning permission, you will have to take it down. Plus your neighbour could contact the planners which may get you into all sorts of trouble. You're spending a lot of money, best to ensure all bases are covered.
Last edited by jonc; 05 October 2010 at 09:28 AM.
#7
I think you will need planning permission. Building control and the planning department are separate. Building control said everything was fine with ours. But as a precautioin, I contacted the planning dept just to be on the safe side, they basically said it doesn't matter what building control says, you still need planning permission.
Remember, if you put something up without planning permission, you will have to take it down. Plus your neighbour could contact the planners which may get you into all sorts of trouble. You're spending a lot of money, best to ensure all bases are covered.
Remember, if you put something up without planning permission, you will have to take it down. Plus your neighbour could contact the planners which may get you into all sorts of trouble. You're spending a lot of money, best to ensure all bases are covered.
New Permitted Development rules mean you can extend up to so much without planning permission now
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#8
It is just not worth the risk of being ordered to demolish it later.
Its also never worth having an unhappy neighbour about what you are doing too. Worth trying to do what you can to make him a bit happier about it all.
Les
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There is no "right to light" in planning anymore, in fact the opposite is more apparent, with right to privacy and overlook regulations.
Glassed roofed extensions (conservatories) generally do not need planning, unless
a: you live in a conservation area
b: it's volume is greater than a third of the floor area of the house (?)
c: There are conditions in your deeds.
2m is an acceptable height for a brick wall on a domestic boundary, no different to you wanting a close board fence erected (quite within your rights)
As above, check with the planners, but unless they're concerned about the size of your planned conservatory, they'll say carry on.
and your neighbour will have to put up and shut up.
Glassed roofed extensions (conservatories) generally do not need planning, unless
a: you live in a conservation area
b: it's volume is greater than a third of the floor area of the house (?)
c: There are conditions in your deeds.
2m is an acceptable height for a brick wall on a domestic boundary, no different to you wanting a close board fence erected (quite within your rights)
As above, check with the planners, but unless they're concerned about the size of your planned conservatory, they'll say carry on.
and your neighbour will have to put up and shut up.
Last edited by scooby L; 05 October 2010 at 04:53 PM.
#13
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Check you have no restrictive covenants stoppng you erecting a conservatory before you start.
If not then great.
You should not need planning permission providing it is no more than 30sq m (iirc) and it must have external quality doors separating the main house from the conservatory.
You will however more than likely need building regs approval. A quick call to your local planning office should confirm the above. Do this before commencing any building.
If not then great.
You should not need planning permission providing it is no more than 30sq m (iirc) and it must have external quality doors separating the main house from the conservatory.
You will however more than likely need building regs approval. A quick call to your local planning office should confirm the above. Do this before commencing any building.
#15
http://www.homebuilding.co.uk/featur...elopment-rules
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The simple solution is talk to the council's bulding regs team and get their advice, after all whatever they say will be right and anyone can protest as much as they like but will have no legal recourse.
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As above, but get them to put what they say in writing, so you are covered
#18
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There is no "right to light" in planning anymore, in fact the opposite is more apparent, with right to privacy and overlook regulations.
Glassed roofed extensions (conservatories) generally do not need planning, unless
a: you live in a conservation area
b: it's volume is greater than a third of the floor area of the house (?)
c: There are conditions in your deeds.
2m is an acceptable height for a brick wall on a domestic boundary, no different to you wanting a close board fence erected (quite within your rights)
As above, check with the planners, but unless they're concerned about the size of your planned conservatory, they'll say carry on.
and your neighbour will have to put up and shut up.
Glassed roofed extensions (conservatories) generally do not need planning, unless
a: you live in a conservation area
b: it's volume is greater than a third of the floor area of the house (?)
c: There are conditions in your deeds.
2m is an acceptable height for a brick wall on a domestic boundary, no different to you wanting a close board fence erected (quite within your rights)
As above, check with the planners, but unless they're concerned about the size of your planned conservatory, they'll say carry on.
and your neighbour will have to put up and shut up.
also building regs not required, but by all means check with building control.
#19
Thanks for all the advice I have spoken to the neighbour and he is coming round to the idea. I am doing it anyway so he can't say a lot as we have been told by building control everything is fine.
Thanks again
Thanks again
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Section 6(1), where -
(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner.
As long as next door are not aware of the act I would say nothing, we have just had to pay for a party wall survayor at £100 an hour as next door refused to sign the party wall notices and it went to a dispute.
Cost me over a grand, but it did give me the right to put a scaffold up on there land which I did not have before
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