Sorry, I couldn't quite find a suitable category - I think an architect may be able to answer my question: I am the neighbour to a primary school, my house is built right to the border to the school, and I want to build a 1st floor extension (I have planning permission), which requires a scaffold to be erected on or overhanging the school's intrance path. They are dead against, it seems - they come up with reasons why it can't be allowed, I modify my proposed scaffolding, they come up with something else, and so on.
This is council run school, and the same council gives permissions to scaffolds over heavily trafficked pavements in many other places, so it seems absurd. Is there any way that I can force the issue, or sidestep it? I'm open to any reasonable idea.
Most recently they have said that they are willing to allow it in August only - ie. for 1 month. Apart from the fact that it is now too late for this year, is one month actually enough?
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Update: Thanks to everyone that answered - there clearly is some uncertainty, I feel.
To Una Kaya Architects: The scaffold would not be near the playground at all, but beside the entrance path to the school. It would be at least as safe as what is constructed over busy pavements all over London, so I don't really see a major risk. The question is - can the school legally refuse to grant permission, if I make every effort to follow all safety guidelines, etc?
Are you a tradesperson and able to answer this question?
Hi,
I wouldn't be able to give a proper response without looking at the issue in depth but reading your message it looks like a party wall issue to me.
Please check whether you are sharing a party wall or a party fence wall (a wall where there is no building on the other side, just the shared fence) with the school.
If you are not sharing a party wall / party fence wall then try to find a way to build your extension without putting the scaffolding on school's property.
If you are sharing a party wall / party fence wall then find a party wall surveyor to act on your behalf.
A party wall surveyor will issue a notice to the school since there is a 'dispute', which forces the school to nominate their own party wall surveyor. Then the surveyors would discuss the best way to resolve the 'dispute'. A party wall surveyor has an obligation to act reasonable within the law, so they will come to a solution protecting the rights and agreeable to both parties. You will have to pay the fees of both PW Surveyors.
Please also note that there is a huge health and safety risk if you put a scaffolding on a school's play ground during school times. So there will be some risk assessments done by qualified professionals. It might just be the case that you are only allowed to erect the scaffolding during the school holidays, so you need to have a competent contractor on board as well.
I hope this helps and good luck with your project.
Una Kaya
Under the party wall act you have the right to access your neighbour's property to carry out works to your property if it up against the boundary 'where necessary'. It is on offence to obstruct access for this purpose provided 14 days notice has been served. So it's hard to see how you can be continually prevented from carrying out the work it the facts are as you describe. So serve a party wall notice, then notice to carry out works. This may require party wall surveyor if they object as noted above.
This from the government guide to the Party Wall Act:
'Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days' notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates' court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter
person is entitled to be there.'
Hope this helps.
