Excavation next to 1850s stone-wall building

[TapLady]

A planning proposal has been granted to build a single-storey annex on a parcel of undeveloped land directly behind my property - a small dry-lined 1850s rubble-walled Methodist chapel. The new building will be alongside the rear wall of the chapel about 1 m away. At present, there is a conveyance that gives me access rights over the land to maintain my property - and the roof of the chapel is pretty old and may need replacing within the next 5 years. There are extractor fans and boiler flues on the roof and solar panels too and the guttering regularly needs clearing of ivy, etc. and needed repairing quite recently. There are also some vents in the rear wall. The builder said he was going to deliver a party wall notice - I was hoping somebody may have a similar experience and can provide suggestions of how I should respond to the party wall notice. I guess I will need space for scaffolding and am a bit concerned about the excavation to lay foundations, drains, etc., not having enough access to maintain my property, and what the loss of light might do to the already damp walls.

I've added the proposed block plan, a block plan from a different proposal (note how the boundaries are quite fluid ), the elevations, and the floor plan.

 

[motorbiking]

If you have a specific easement that would be impacted by the proposed building then even with planning permission they have no ability to lawfully construct the building without addressing your rights. However a meter would seem sufficient.

The party wall notice would appear to be required under something known as the 3M rule. Since they are building within 3M of the boundary/your wall they need to serve notice if its likely that they are excavating below your foundations (at a 45 degree plane)

Your options are - consent, dissent or ignore (dissent). You can appoint a surveyor at their expense to represent you,

 

[TapLady]

If you have a specific easement that would be impacted by the proposed building then even with planning permission they have no ability to lawfully construct the building without addressing your rights. However a meter would seem sufficient.

The party wall notice would appear to be required under something known as the 3M rule. Since they are building within 3M of the boundary/your wall they need to serve notice if its likely that they are excavating below your foundations (at a 45 degree plane)

Your options are - consent, dissent or ignore (dissent). You can appoint a surveyor at their expense to represent you,

Thanks very much for this info - the positive thing is that the guy is very approachable and wants to keep a good relationship with his neighbours - although that might be quite a challenge because three neighbouring properties abutt the land and they have all objected to the planning proposal for overcrowding, etc. I would definitely feel more comfortable if a surveyor had a look and provided some suggestions - quite a relief to know that I don't have to pay for it.

 

[motorbiking]

You may be surprised, but the planning authorities don't care about any land rights when granting permission. It's possible for a person to submit plans for an extension that encroach a boundary and still get approval. It doesn't give them any lawful right to build on other peoples land or to restrict their legal rights. However, the Party Wall Act doesn't gives you any protection. Its role is to stop damage to your property.

Be aware that people regularly trespass with new extensions and it can be hugely expensive to fight. The courts tend not to award much in damages and rarely require demolition. You are better off to assert your rights before any work starts.

Some pictures of screen shots of the plans will help others comment. its hard to visualise the proposal.

 

[^woody^]

Formally object to any PW notice and instruct your own surveyor. Not any old bloke you find online, but an experienced, qualified PW Surveyor from an established practice.

I'd suggest you may need legal advice about the access easement. This may not actually prevent building at the boundary, and may still give you access but at greater cost (eg specialist access/equipment). Ask your surveyor what proposals will entail, but PW Surveyors may not be expert on land law.

Make sure you do get a notice served. This should be done well in advance of work starting. Often, this is ignored or claimed not to apply, if so and you feel the PW Act should apply, you need to apply for a court injunction.

 

[TapLady]

You may be surprised, but the planning authorities don't care about any land rights when granting permission. It's possible for a person to submit plans for an extension that encroach a boundary and still get approval. It doesn't give them any lawful right to build on other peoples land or to restrict their legal rights. However, the Party Wall Act doesn't gives you any protection. Its role is to stop damage to your property.

Be aware that people regularly trespass with new extensions and it can be hugely expensive to fight. The courts tend not to award much in damages and rarely require demolition. You are better off to assert your rights before any work starts.

Some pictures of screen shots of the plans will help others comment. its hard to visualise the pro

Yes, I think you are right and I think that PW agreements are very limited too - once the developer sells up they are no longer valid. I added some pics to the first post.

 

[TapLady]

Formally object to any PW notice and instruct your own surveyor. Not any old bloke you find online, but an experienced, qualified PW Surveyor from an established practice.

I'd suggest you may need legal advice about the access easement. This may not actually prevent building at the boundary, and may still give you access but at greater cost (eg specialist access/equipment). Ask your surveyor what proposals will entail, but PW Surveyors may not be expert on land law.

Make sure you do get a notice served. This should be done well in advance of work starting. Often, this is ignored or claimed not to apply, if so and you feel the PW Act should apply, you need to apply for a court injunction.

So true- when i was getting the pics together I noticed their architect is also a surveyor - I have legal insurance - the advice line said it should be covered. I added some pics to the original post - thanks very much for the advice