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Thread: Planning permission v party wall agreement

  1. #1
    Master Onelasttime's Avatar
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    Planning permission v party wall agreement

    I'm hoping someone with some knowledge of Planning and Party Wall Agreements can help me out a bit here.

    For some time now we have known that there will be a small development commencing on the lock up garages next to and behind our end of terrace. The planning permission has been approved for two residential properties, one being built against our house, and we have a party wall agreement (PWA) in place.

    We were informed last week that the demolition of existing garages would start today. I checked with the land owner that the site would remain secure and was assured it would be. The builders were due to start at the back of the garage land and work forwards, finishing with the garage up against our house and secure boarding with a gate would be placed across the front.

    The builders began work at 4pm tonight, in the dark, and immediately started on the garage next to our house, causing the house to shake. So not a great start.

    The added complication is we have a ROW for vehicles to the rear of our house. This is written in the deeds and has been noted in the building plans so we will still have the ROW. We were understandably unwilling to forfeit this despite the owner's pleas. However, when my wife queried with the builders why they were starting to demolish the garage next to our house, in the dark, she was told we now have no RoW for two years until it is all finished. I don't think this is correct. In my limited understanding there must be access at all times, within reason. Clearly we are not going to use it while diggers are churning and forth, but still. Does anyone know anything about this? There is nothing in the PWA or Planning documents.

    The other query I have is that I reminded the land owners that the PWA states works must only be carried out between 8.00 and 17.30 weekdays and no work on weekends. They have replied that work can be carried out 8.00-18.00 weekdays and 8.00-13.00 Saturdays. This is in the original Planning Approval document from the Local Authority as an 'Informative'. So, does the PWA override the LA Planning Approval Informative? I'm hoping so otherwise the clause in the PWA is meaningless.

    I'm also led to believe that they won't be starting work on foundations until next April, and then won't be commencing further building work until much later in 2020. Does anyone know why they would be delaying like this? It's been going on for nearly six years now and we just want the thing done. I personally think that they're struggling for funds and are doing it as and when they have the cash. We do know it's cost them nearly 500,000 already without even starting to build. They were selling the old 1950s garage doors on ebay a few weeks ago, which doesn't strike me as the behaviour of minted developers. Anyway, I digress.

    Any help appreciated. Cheers.

  2. #2
    Craftsman
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    Information written in planning approval informatives is not deemed a requirement, simply good practice. If written in a planning condition however, it would need to be complied with & if not you can report to the planning inforcement officer.

    Not sure on your right of access, but can't see how this can be removed without your agreement?

    Builders / developers will always try & push to get what they want - don't be afraid to challenge them & ask for evidence of what they are telling you.

    Best of luck.

  3. #3
    Master PhilipK's Avatar
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    You might be better off asking over on a specialist forum like https://www.gardenlaw.co.uk/ or get a solicitor involved (especially if there's any possibility that you might sell your house in the foreseeable future).

    My understanding is that Planning Permission just means that the council has determined that there is nothing in the planning application which conflicts with existing planning legislation or plans. There's no way (as best I understand it) that Planning Permission can override any existing ROW or laws.

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