Hello

I wonder if anyone can give me some advice. Lewisham Planning Surveyor knocked on my door yesterday to inform me that the above are trying to get planning to build flats on the old garage.

The problem is they are going to digging under the garage to make room for a car park plus it will be as high as my house. My garden backs onto the garage! I have a 40ft garden so the flats would be very close. The planning has been rejected to date. Im very worried about this for many reasons. Mainly would this devalue my house? I would not be able to use my garden whilst works are being carried out, which could mean the whole of next summer. They would obviously want to have access to my garden to carry out some building works.

What are my rights? My neighbours either side are not happy either. However the garage own the 2 houses next to my neighbour!

Starting to lose sleep over this? I would really appreciate any info or advice please.

Thank you

Megan

Sounds worrying. I had a similar issue with a development on bovill road. I spoke yo the helpful people at lewisham council and to someone at the forest hill society. They explained how best to object to the proposal.

Then I spoke to all my neighbours and explained what was going to happen, and what, if they wanted to they could do about it ie complain. This neighbourhood objection is key.

I'll dig out my letter and send to you if it helps.

Would be interested in keeping updated on this.

Good luck[/align]

Hi

I would really appreciate that letter if possible. Did the planning go ahead? I have spoken with my neighbours and they are also going to object.

Thank you

Megan

There's no planning application such as the one you describe available to view on Lewisham's web site at the moment.

What makes you think that you'll be compelled to give them access to/via your garden, or that you'll not be able to use your garden while the works are in progress?

I can't imagine that a developer would constrain themselves with a requirement to access/use someone else's land, when that someone is likely to be hostile or an objector.

It's your garden, not theirs.

Hi

There is no application at present as Lewisham have turned it down for various reasons. However they are coming to visit and take pictures etc.

I know they cannot have access to my garden but recently they built into a garden next to my neighbours house. They removed her fence and carried out works in her garden. They do not follow rules!! They only received planning to take a part of number 5 garden but proceeded to take number 7 as well! Unfortunately the garage own number 5 and 7.

They have already received planning to turned the two houses into flats. So basically if they got the go ahead on the garage I would live in the middle of a building site!

Thx

Megan

The online planning database shows all applications, including those that have been refused. I still can't find what you describe.

Why would the council send an inspector to take photos for an application which hasn't yet been submitted?

Can you access the database and find this application, or the refused one, or the one you mention for land at 5/7?
Lewisham online planning search[/quote]

Agreed, anything submitted, even if it fails gets put up.
I would say that they are "considering" an application and trying to gauge who will object, and maybe try and convince those people to give it the nod.
Or just trying to see if an application is even worth it.

As for the main question of devaluation etc.
I would say having a residential building not a commercial building at the end of the garden would increase value if indeed it did anything to the property value.
With regards to the actual works etc, that sadly is in the hands of the contractors, as we found out when the house next door to me eventually collapsed, threatening to take our house with it.

At this stage though, there is nothing to lose sleep over. Once an application actually gets submitted you will be able to see the actual plan, see how they wish to proceed, and object if you feel the need to do so.

Is this the building you are talking about ?

http://maps.google.co.uk/maps?f=q&source...12,,0,8.11

Or the one on the corner or Brockley rise.

With regards to digging "under" the garage. I would suggest that whatever they do, they will demolish the existing building first, as neither are suitable to convert to sellable flats. Which will mean the digging will be open pit, rather than lots of underpinning and complications.

My true concern would be the planned height of the building, and any view it may obscure. Other than that, I cant see too many objections being listened to.

Re building or excavating close to (within 6m in some cases of excavation, or 3m usually) your boundary will require the developer to have a Party Wall Agreement with you. They must serve you with a Party Wall Notice, and agree the details of the excavations, or building works, with you prior to the building works being started. You have the right to appoint your own Party Wall Surveyor, who will negotiate on your behalf, and he/she is paid for by the developer, not you!!! Brilliant isn't it..

If they build anything or excavate anything close to your boundary and haven't served a Party Wall Notice, you can obtain an injunction against the works.

There's a very useful leaflet here with more details;

http://www.communities.gov.uk/documents/...133214.pdf

You don't have to grant access to your property for any building works, but often it's actually best to allow this (on condition that they make good afterwards, replace anything that they've damaged) as the wall or wahatever they build facing you will look better in the long run!

Re planning; some good comments above. Lewisham Planners aren't daft, and to some extent will protect your rights under the various Planning Acts. If you're going to object, I would advise you to stick to planning-type objections (i.e. the new structure will reduce privacy, be overbearing, etc).

The planners can't do much about noise if planning is granted, but they can impose a planning condition (and usually do) stating that works must be carried out within certain hours, and not at weekends etc. The planning conditions form part of the permission and will be a public document so you'll be able to get a copy online.

Good luck!

By the way, re Snazy's point about views being obscured; Planners can't do anything about this. No-one has the right to a view!! If someone builds next to / in front of you and obscures your view, you're stuffed.

No it the one on the corner of Brockley Rise. I do not think the application has been submitted completely. Its very strange as 3 people from Lewisham Council turned up on my door step and mentioned that I wouldn't be able to see the application as yet as it had been declined on many counts. But they wanted to take pictures of my garden but as it had began to get dark could they come back on another day.

Thank you for your response.

Megan

Thanks Jack and everyone else who responded I feel a little better now!! As soon as I have more info I will post.

many thanks

Megan

I hope you checked their ID carefully. Sounds like a developer trick to gain access to your property and take measurements/photos, before you become an anti/objector.[/quote]

I didn't let them in my house or let them take photos. I think I will phone Lewisham Council tomorrow to double check.

Thx

If a planning application exists, you will be informed by the council as you are a neighbour, a notice will be posted on a lampost or fence next to the site, and by law the information is public and you will be allowed to see it.

I spoke with Lewisham Planning this morning. They explained that it had not made it to an application stage as yet. The developer has ask for planning to build a 4 storey building! which would be higher than my house! This has been turned down before an application has been processed.

This is all new to me but I would think this is the start of things to come.

I would suggest they have been "advised" it would be rejected, as oppose it actually be officially rejected. It would need to be submitted to be rejected. And if it was submitted and rejected, it would be deemed processed, and be posted on the planning website.

Jack, just to clarify, I am not for a second suggesting blocking a view is suitable grounds to reject a planning application. Just knocking about things that "could" be considered along with other more substantial matters.

Dont get me started on party wall agreements....thats a sore point for me!