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Hi Everyone,
I hope you’re all doing well. I have prepared a submission of neutral comments in response to a planning permission application from my neighbor, and I would appreciate your feedback.
Excuse the lengthiness of my comments, but could you all please take a look at them and provide your opinions? Specifically, I am looking for:
Below are the comments.
Thank you all.
______________________________________________________________________________________
To whom it may concern,
Please note that any mention of the term "shed" within this text refers to the old adjoining shed that was repurposed for internal home use through a granted extension build in 2005/2006 at 1 Sample Road. The extension links to the shed, making it part of the main home of 1 Sample Road. Part of it was replaced with a new roof, which is the subject of concern below.
Regarding the current planning application, we wish to provide our comments from a neutral standpoint. These comments are submitted respectfully, with the understanding that some may or may not be applicable under planning permission laws, local planning policy, and guidelines. These comments will be submitted via this platform and email to the planning case officer in charge for consideration of comments and conditions on the submitted application (APP1FHA), if applicable. This will ensure a documented legal trail for future reference should any issues arise.
The comments below are as follows:
Discrepancies in Site Plan Submission / Historical Accuracy Regarding Boundary Lines Between 2 and 1 Sample Road:
The architectural submission of site plan maps and drawings of the street boundaries is inaccurate and does not accurately reflect the .gov land registry title plan. This discrepancy occurs between the address of this application at 2 Sample Road Road (Title #1212) and the adjacent neighbor at 1 Sample Road (Titles #1414 and #2424, land adjoining 1 Sample Road Freehold). The submitted online architectural site plan drawings entirely misses 1 Sample Road (Shed) red/green line title plan drawings #2424 boundary.
The shed is an adjoining structure built between 2 and 1 Sample Road in 1949, constructed entirely by Sample Council. Part of the shed's outer wall, located in the garden area, falls within the boundary of 2 Sample Road; however, it belongs to 1 Sample Road. This is clearly indicated in the title registers and boundary land registry plans (red/green line drawings) for both properties. The houses on Sample Road, built around 1949, each had or have their own sheds with different layouts. The shed at 1 Sample Road is part of this original build, providing residents with access to their shed, similar to the other properties on the street.
Objection to Proposed Modifications Impacting Shed Roof:
This application (APP1FHA) proposes using part of the shed's outer wall, which is partially built within the land of 2 Sample Road but belongs to the neighboring property at 1 Sample Road (originally built in 1949, titled as #2424, land adjoining 1 Sample Road, Town, Freehold). The application’s drawings suggest building off this rear outer wall and dual-pitched roof design, cutting across the top and disturbing the shed's roof and fascia.
The owner of 1 Sample Road does not grant permission for any disturbance, modifications to the roof/facia structure, or use of their property's structure in that manner, as it would cause damage and/or alter the current shed roof/structure, thereby invalidating the roof warranty and home insurance declaration of 1 Sample Road.
Additionally, there are further comments below:
Potential for Future Disputes:
The proposed connection between the new build's roof and the adjoining shed roof could create a situation where it is unclear who is responsible for maintenance, repair, and liability in the event any issues arise in the future. It is unclear what the method will be for this roofing structural build. However, if the proposed extension roof does not touch, overlap, or disturb the shed roof and fascia’s (only), then there should be no reason for concern from the owner of 1 Sample Road.
Boundary Line Construction and Compliance Measures (Foundation):
Given that the build is on the boundary line, it is important to consider assessing the foundations near the neighbouring property at 1 Sample Road, especially concerning the outer shed wall built in 1949 that will be in use. There is a concern that any excavation will be deeper than the foundations of the shed's outer wall; therefore, seeking trial assessments of these foundations may be advisable due to the potential risk of disturbance issues and ensuring the risk of damage is as low as possible. Additionally, ensuring the installation of eaves, guttering, and down pipes effectively manages water discharge and remains within the boundaries of 2 Sample Road (not contrary to planning permission but property law and building regulations).
Assessment of Natural Daylight Impact:
Considering the height and bulk of the proposed development to be built on the boundary line, and in respect to scale drawings, it is currently unclear whether there will be any impact on the natural daylight that enters through the windowed kitchen side door (Habitable Kitchen 21m²). This door is directly opposite the proposed build and within 2 meters. If applicable, consideration of the 45-degree rule would be appreciated, subject to council policy and whether windowed kitchen side doors are taken into account.
Other than concerns about the roof and potential comments above, there is no objection in principle to the proposed work building off the outer shed wall. However, since the proposed build at 2 Sample Road will be on the boundary line and involves use of the outer wall & excavation near the neighboring property, it is required to serve the relevant Party Wall Act notices to the neighbor at 1 Sample Road in writing one or two months prior to construction. This ensures that reasonably necessary measures are taken to protect their property from foreseeable damage and upholds additional rights as described in The Party Wall etc. Act 1996.
To reiterate, we submit these comments with the understanding that some may or may not be considered under planning permission laws, local council planning policies, and guidelines. In conclusion, we wish the neighbors at 2 Sample Road the very best in their upcoming build and hope that all necessary considerations and measures are taken to ensure a positive and harmonious outcome for everyone involved.
I hope you’re all doing well. I have prepared a submission of neutral comments in response to a planning permission application from my neighbor, and I would appreciate your feedback.
Excuse the lengthiness of my comments, but could you all please take a look at them and provide your opinions? Specifically, I am looking for:
- If my comments are clear, accurate, and relevant, or point out if they are incorrect.
- Suggestions for any corrections or improvements.
- Advice based on your own experiences with similar situations.
- Whether this should be an objection or keep it neutral.
Below are the comments.
Thank you all.
______________________________________________________________________________________
To whom it may concern,
Please note that any mention of the term "shed" within this text refers to the old adjoining shed that was repurposed for internal home use through a granted extension build in 2005/2006 at 1 Sample Road. The extension links to the shed, making it part of the main home of 1 Sample Road. Part of it was replaced with a new roof, which is the subject of concern below.
Regarding the current planning application, we wish to provide our comments from a neutral standpoint. These comments are submitted respectfully, with the understanding that some may or may not be applicable under planning permission laws, local planning policy, and guidelines. These comments will be submitted via this platform and email to the planning case officer in charge for consideration of comments and conditions on the submitted application (APP1FHA), if applicable. This will ensure a documented legal trail for future reference should any issues arise.
The comments below are as follows:
Discrepancies in Site Plan Submission / Historical Accuracy Regarding Boundary Lines Between 2 and 1 Sample Road:
The architectural submission of site plan maps and drawings of the street boundaries is inaccurate and does not accurately reflect the .gov land registry title plan. This discrepancy occurs between the address of this application at 2 Sample Road Road (Title #1212) and the adjacent neighbor at 1 Sample Road (Titles #1414 and #2424, land adjoining 1 Sample Road Freehold). The submitted online architectural site plan drawings entirely misses 1 Sample Road (Shed) red/green line title plan drawings #2424 boundary.
The shed is an adjoining structure built between 2 and 1 Sample Road in 1949, constructed entirely by Sample Council. Part of the shed's outer wall, located in the garden area, falls within the boundary of 2 Sample Road; however, it belongs to 1 Sample Road. This is clearly indicated in the title registers and boundary land registry plans (red/green line drawings) for both properties. The houses on Sample Road, built around 1949, each had or have their own sheds with different layouts. The shed at 1 Sample Road is part of this original build, providing residents with access to their shed, similar to the other properties on the street.
Objection to Proposed Modifications Impacting Shed Roof:
This application (APP1FHA) proposes using part of the shed's outer wall, which is partially built within the land of 2 Sample Road but belongs to the neighboring property at 1 Sample Road (originally built in 1949, titled as #2424, land adjoining 1 Sample Road, Town, Freehold). The application’s drawings suggest building off this rear outer wall and dual-pitched roof design, cutting across the top and disturbing the shed's roof and fascia.
The owner of 1 Sample Road does not grant permission for any disturbance, modifications to the roof/facia structure, or use of their property's structure in that manner, as it would cause damage and/or alter the current shed roof/structure, thereby invalidating the roof warranty and home insurance declaration of 1 Sample Road.
Additionally, there are further comments below:
Potential for Future Disputes:
The proposed connection between the new build's roof and the adjoining shed roof could create a situation where it is unclear who is responsible for maintenance, repair, and liability in the event any issues arise in the future. It is unclear what the method will be for this roofing structural build. However, if the proposed extension roof does not touch, overlap, or disturb the shed roof and fascia’s (only), then there should be no reason for concern from the owner of 1 Sample Road.
Boundary Line Construction and Compliance Measures (Foundation):
Given that the build is on the boundary line, it is important to consider assessing the foundations near the neighbouring property at 1 Sample Road, especially concerning the outer shed wall built in 1949 that will be in use. There is a concern that any excavation will be deeper than the foundations of the shed's outer wall; therefore, seeking trial assessments of these foundations may be advisable due to the potential risk of disturbance issues and ensuring the risk of damage is as low as possible. Additionally, ensuring the installation of eaves, guttering, and down pipes effectively manages water discharge and remains within the boundaries of 2 Sample Road (not contrary to planning permission but property law and building regulations).
Assessment of Natural Daylight Impact:
Considering the height and bulk of the proposed development to be built on the boundary line, and in respect to scale drawings, it is currently unclear whether there will be any impact on the natural daylight that enters through the windowed kitchen side door (Habitable Kitchen 21m²). This door is directly opposite the proposed build and within 2 meters. If applicable, consideration of the 45-degree rule would be appreciated, subject to council policy and whether windowed kitchen side doors are taken into account.
Other than concerns about the roof and potential comments above, there is no objection in principle to the proposed work building off the outer shed wall. However, since the proposed build at 2 Sample Road will be on the boundary line and involves use of the outer wall & excavation near the neighboring property, it is required to serve the relevant Party Wall Act notices to the neighbor at 1 Sample Road in writing one or two months prior to construction. This ensures that reasonably necessary measures are taken to protect their property from foreseeable damage and upholds additional rights as described in The Party Wall etc. Act 1996.
To reiterate, we submit these comments with the understanding that some may or may not be considered under planning permission laws, local council planning policies, and guidelines. In conclusion, we wish the neighbors at 2 Sample Road the very best in their upcoming build and hope that all necessary considerations and measures are taken to ensure a positive and harmonious outcome for everyone involved.
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