I wonder if anyone can advise? My main question is whether it is necessary in a planning application to include to scale measurements of neighbouring properties. Or do neighbouring houses even need to be included at all.
We live in a terrace house and had our planning application for a rear/side extension and dormer approved 18 months ago. We have since nearly completed the building work.
The main issue is that our house is on a hill and the patio level is different to one of the neighbours as they have excavated to created an extra floor in their house. Our approved plans bring our floor level out through the patio which is now higher on there fence than before.
On the planning application the levels on the drawings on the neighbours side it is stated have been drawn indicatively - the architect actually used the neighbours plans off the planning portal to draw the level difference. In actuality there is some discrepancy in real life compared with the height difference on the drawings but again it was stated 'drawn indicatively.'
We had a planning officer inspect this as a possible breach and then stated that they were in agreement that the plans were built in accordance and they were instructing to close the case 5 months ago.
Our neighbours who are lawyers and very unhappy with this have persisted with the council. We now (6 months later and 1.5 years after approval) received an email from the planning officer has emailed saying they have spoken with their legal team and the plans were misrepresented in the drawings and the site wasn't inspected due to covid so we have 18 days to submit new planning to regularise this.
As far as we were aware the architect was not entitled to draw exact measurements of our neighbours patio height and nor would he be able to. So this seems the plannings fault if they have approved twice and now wish to retract it for this reason.
Different AHJ's (agencies having jurisdiction) will have different requirements for what constitutes a complete submittal package. One of many possibilities is reasonably accurate depictions of neighboring structures shown in plan and elevation. Often, applicants ignore this item, then have to provide it later as a correction. Also often, depictions are not accurate: distances, sizes, scales, etcetera. This can be accidental (out of ignorance) or instrumental (out to flatter the proposed project).
Unhappy attorney-neighbors can make life hell, or they can be correct, or both. They have the finest-toothed-combs available, and will no doubt go over any such information closely and scream loudly at any inaccuracy. So if you plan to comply with the AHJ's call for more/complete drawings, pay someone enough to do a very good, thorough job. And be prepared for a tussle.
Used record drawings instead of verifying conditions on site? Drawings were "approved" but did not represent actual conditions. The approval can, and should be, void if said condition is negatively affecting a neighbour.
Sucks, but you and your architect should have paid more attention when submitting. Time to lawyer up and loose some $.
Feb 28, 23 4:40 pm ·
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Planning application
Hi all
I wonder if anyone can advise? My main question is whether it is necessary in a planning application to include to scale measurements of neighbouring properties. Or do neighbouring houses even need to be included at all.
We live in a terrace house and had our planning application for a rear/side extension and dormer approved 18 months ago. We have since nearly completed the building work.
The main issue is that our house is on a hill and the patio level is different to one of the neighbours as they have excavated to created an extra floor in their house. Our approved plans bring our floor level out through the patio which is now higher on there fence than before.
On the planning application the levels on the drawings on the neighbours side it is stated have been drawn indicatively - the architect actually used the neighbours plans off the planning portal to draw the level difference. In actuality there is some discrepancy in real life compared with the height difference on the drawings but again it was stated 'drawn indicatively.'
We had a planning officer inspect this as a possible breach and then stated that they were in agreement that the plans were built in accordance and they were instructing to close the case 5 months ago.
Our neighbours who are lawyers and very unhappy with this have persisted with the council. We now (6 months later and 1.5 years after approval) received an email from the planning officer has emailed saying they have spoken with their legal team and the plans were misrepresented in the drawings and the site wasn't inspected due to covid so we have 18 days to submit new planning to regularise this.
As far as we were aware the architect was not entitled to draw exact measurements of our neighbours patio height and nor would he be able to. So this seems the plannings fault if they have approved twice and now wish to retract it for this reason.
Different AHJ's (agencies having jurisdiction) will have different requirements for what constitutes a complete submittal package. One of many possibilities is reasonably accurate depictions of neighboring structures shown in plan and elevation. Often, applicants ignore this item, then have to provide it later as a correction. Also often, depictions are not accurate: distances, sizes, scales, etcetera. This can be accidental (out of ignorance) or instrumental (out to flatter the proposed project).
Unhappy attorney-neighbors can make life hell, or they can be correct, or both. They have the finest-toothed-combs available, and will no doubt go over any such information closely and scream loudly at any inaccuracy. So if you plan to comply with the AHJ's call for more/complete drawings, pay someone enough to do a very good, thorough job. And be prepared for a tussle.
Ask your building department. As citizen has said it will differ depending on your AHJ.
Used record drawings instead of verifying conditions on site? Drawings were "approved" but did not represent actual conditions. The approval can, and should be, void if said condition is negatively affecting a neighbour.
Sucks, but you and your architect should have paid more attention when submitting. Time to lawyer up and loose some $.
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