Architectural Services Question

Building regulations.

Currently have a single side extension that goes to the boundary. The side extension is at the bottom of two neighbour's garden. Have applied for planning to build another storey on top of the existing which has been approved, the wall being rendered and painted. The architect said that we did not need full plans as it was a straightforward build, I.e 3 walls and roof which any builder could do. One neighbour is now refusing to allow access for the scaffolding to hang over his space which we need to build and render the wall. However will now have to work overhand but can we change to brick at the side and do we need full building regulations. Any help would be great. We have tried reasoning with the neighbour without success. Additional info. Neighbour has now written stating that no access allowed for either building or scaffolding. If we put the scaffolding on the front and back of our property but the scaffold poles overhang his land I.e. the bottom of his garden, to form a suspended platform is this allowed. LABC have said full plans not required just building notice will be sufficient. Informed planning that we cannot access neighbours property and wanted to change to brick and they said as our house is formed of part brickwork and rendering this will be ok. Can the neighbour object once we start the work and stop it.

1 Answer

Best Answer

We always submit full plans applications to LABC at the same time as we submit a householder planning application. There is no point in giving a builder free reign on the use of materials etc, however competent they are.

If your neighbour/s are not granting access and you are unable to render the external face of the your concrete block outer skin then you could suggest to your neighbours and building control that you leave it as unrendered and will render when you are granted temporary access to erect scaffold on your neighbours land. You would need a method statement setting out access to the perimeter to enable the rendering, timescales and clearing the site, protection to their property, repairing any damage etc etc.

If you are planning on building the outer skin in facing brickwork then your architect needs to go back to the planners to vary the planning approval which I assume is approved as a material finish of render and not facing brickwork which your neighbiours may not be happy with

Hope this helps in some way and that you progress with your neighbour/s

I have just read your update, I am not a lawyer so I think it would be sensible for you to seek legal advice as to your scaffolding plans as your neighbours may say that the proposed overhanging scaffolding platform is encroachment and trespass over their land, whether the scaffolding touches their land or not.

In my opinion, im terms of planning, I assume you have submitted a householder planning application and this has been approved. There should be a condition on the planning decision notice to say that the development shall be carried out in accordance with the submitted plans etc etc. If you change the material finishes from render to facing brickwork the planners have always advised us to seek clarification in writing by way of a NMA application or a MMA application.

I assume your neighbour will be looking at what you build and what is approved very closely.

If you had made a Lawful Development Certificate for proposed use for an extension then mateial finishes should match those of the existing dwelling house, if the material finishes of your house were both render and facing brickwork then you may have this option.

Answered 7th Oct 2016


Member since 13 Mar 2013

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