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Author Planning Permission-going over someone elses property
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
User status: Offline
6th May 08 at 11:38   View User's Profile U2U Member Reply With Quote

basically im looking at building a raised decking from a back bedroom into my garden. it would go over a flat roof that half of it is my neighbours shed. he is fine with it as i have bought the house off him and he is living next door. are there any issues with regards to planning? would it likely to be granted or would i need the permission?
Here is the plan, the yellow is where it would be going into the garden at the back
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
User status: Offline
6th May 08 at 11:40   View User's Profile U2U Member Reply With Quote

oh should have said, the garden is raised up so it is the upper storey of the house, thats how it goes over the neighbours shed
AndyKent
Member

Registered: 3rd Sep 05
User status: Offline
6th May 08 at 11:46   View User's Profile U2U Member Reply With Quote

Not sure mate.

You could submit and the council will ask your neighbour for his comments. What you are constructing though would be classed as a flying freehold - where the upper and lower levels are owned by different people.
Robbo
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Registered: 6th Aug 02
Location: London
User status: Offline
6th May 08 at 11:50   View User's Profile U2U Member Reply With Quote

You'll need planning permission... the fact that you own both houses is of no consequence as they will look ta the future and say when you ahve sold both houses on to 3rd parties it won't be in both their best interests
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
User status: Offline
6th May 08 at 11:55   View User's Profile U2U Member Reply With Quote

yeah. there is already a flying freehold on the property, the stairs go above his living room as you can see on the plan. have to get onto the council then
Robbo
Member

Registered: 6th Aug 02
Location: London
User status: Offline
6th May 08 at 11:56   View User's Profile U2U Member Reply With Quote

They shouldnt have a problem then if there is already a flying freehold applicable
AndyKent
Member

Registered: 3rd Sep 05
User status: Offline
6th May 08 at 12:03   View User's Profile U2U Member Reply With Quote

Yeh, shouldn't be much of a problem.

Have you spoken to the planning department for their thoughts/comments before submitting?
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
User status: Offline
6th May 08 at 12:10   View User's Profile U2U Member Reply With Quote

no, its going to be a while before i'm doing it just wanted to see whats what so i can plan what im doing with the garden, wont do anything with it if im going to be decking it i'll get some pics up of the garden later
RichR
Premium Member

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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
6th May 08 at 12:11   View Garage View User's Profile U2U Member Reply With Quote

you need a party wall agreement - he might be happy with it now but whats to say he wont change his mind in the future
--DAN--
Member

Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
User status: Offline
6th May 08 at 12:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LiVe LeE
you need a party wall agreement - he might be happy with it now but whats to say he wont change his mind in the future


As a tenant does he have a say in it legally?

 
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