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Actually feeling a bit guilty, in a fit of frustration at general new-build property developer shit-baggery, we reported the new garage they are constructing next door as we just can't believe it could have passed planning*. That being said, the new neighbours are due to move in this weekend so if (big if I suspect) the council agree is wasn't a permitted development, is it too late anyway? Or are we just going to create a world of pain for our lovely new neighbours? ☹
*basically we now have a 1.5 storey pitched gable right on our fence line overshadowing half our garden and obscuring any view we once had from the kitchen window. It was on the original plans but no indication how high it was and they have built it further back than shown so overshadowing more of the garden etc. etc. Every other garage on the development is in between the houses as you would expect but we think this one has been basically built in the rear garden as they couldn't squeeze it in between the houses.
D'oh! And I didn't take chat about a local property mafia seriously... 😬
If it is not within planning, it is not within planning.
Your new neighbours will move in anyway.
They may face a year of 'will they, won't they' on whether the garage will need to be knocked down and rebuilt.
It’s the developer’s / builders fault - they know what the rules are for permitted development and PD rights don’t allow you to build against a boundary.
I'd raising it if it was my garden. I'd also probably give the neighbours a heads up early on so they know its not that you have any axe to grind with them and their new house
if this is a new development then PD rights on the neighbours house isn't relevant at this stage as its a housing estate being built out I presume, PD would apply at a later stage if the neighbours decided to build the garage, if its a developer and its different to the consent granted you can raise a query with planning and it may be an enforcement issue but its nothing to do with PD rights. Its a change to approved plans that affects your amenity, also if you bought off a developer and they didn't show you the change then you can raise it with them as well.
PD does allow you to build close to a boundary but the eaves/ ridge height is limited. The parts of the building within 1 metre of a boundary must not be higher than 2.5 metres. They'll need a party wall agreement though (Scotland? Not sure about that one).
You don't have a right a view and think shading only applies to windows.
I reiterate i really don't think PD is relevant to this situation
I reiterate i really don’t think PD is relevant to this situation
Yeah, in truth I did think it would have been a bit blatant for developer to have built this on our boundary if it wasn't permitted, and since it was on plans from start...
Its a change to approved plans that affects your amenity, also if you bought off a developer and they didn’t show you the change then you can raise it with them as well
...and this is the crux, I guess nothing might come of it (saving my conscience re: new neighbours at least) as really our only complaint is that something that was on plans to begin with has been changed slightly to our detriment but also that we didn't realise implication of what was on plans until too late (we are not an architect etc. etc.). It's piss poor layout design on developer's part (they've blatantly squeezed this one five bed property with double detached garage onto a plot that's much too small) but in the scheme of things I guess it's just one of the perils of buying off plan in an unfinished development (it was that or living with the in-laws for an indeterminate period of time!).
Thanks all
It's the developers who've built contrary to the planning permission. The new owners themselves will presumably be pissed off that the developers have lumbered them with a problem (and unhappy neighbour) straight away?
As @fenboy says, it's not a PD issue. Any planning consent will have a condition requiring the developement to be carried out in accordance with the approved plans. If it isn't, then the Council will likely invite a retrospective application which will afford you the chance to comment/object. But only if someone points out the breach of condition. In parallel, the buyers' solicitor should check the consent against what is on the ground and flag it up to them. I say 'should' but they don't always look that hard. I would flag it to them if you feel able to. It's a risk they bear as soon as they complete the purchase. Any retrospective application has to be considered in exactly the same way as any normal app and given it was a housebuilder, I suspect sympathy would be in short supply within the Council. Good luck whatever you decide to do.
I'd flag it asap to give your future neighbour more power before they complete. They'll rightly blame the developer not you.