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What else should I consider?

If any proposal would overshadow a window that has existed for 20 years or more in a way that may affect any "right to light" legal action may be taken against the applicant. This is a private matter and you will need to seek advice on this matter separately. The Council cannot become involved nor will such rights usually affect the outcome of a planning application.

If any proposal encroaches onto neighbouring land (for example, by the eaves or gutters overhanging a boundary) it may not proceed without the neighbour's agreement, even if planning permission is granted. If building work involves:

  • work on an existing wall shared with another property;
  • building on the boundary with a neighbouring property; or
  • excavating near an adjoining building,

the Party Wall Act 1996 may be relevant. An explanatory booklet is available The Party Wall ActThis link will open in a new window (This link will open in a new window) or can be provided on request from Building Control on 01883 732871.

Similarly, your neighbour's consent will be needed if a builder needs to enter their land at any stage.

If there is any doubt about where the boundary lies between you and your neighbour's you should try to find out as soon as possible. The deeds to your property may help. An amicable commonsense agreement with your neighbour is always best. The Council does not have records of land ownership and cannot give a ruling in any dispute and will not intervene in this private matter.

 


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