Tom J 
Organiser: South Wales Premium Member 
 
Registered: 8th Sep 03
 Location: Bridgend 
User status: Offline 
 
 | 
 
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 
 
 | 
 
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 
 
 | 
 
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 
Member 
 
Registered: 6th Aug 02
 Location: London 
User status: Offline 
 
 | 
 
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 
 
 | 
 
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 
 
 | 
 
They shouldnt have a problem then if there is already a flying freehold applicable  
 | 
AndyKent 
Member 
 
Registered: 3rd Sep 05
 
User status: Offline 
 
 | 
 
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 
 
 | 
 
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
 
Registered: 17th Oct 01
 Location: Waterhouses, Staffordshire 
User status: Offline 
 
 | 
 
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 
 
 | 
 
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?
 |