[WriterChris]

Hi All,

We own a three bedroomed semi detached house that had a path down the side by the single story garage. We are currently constructing a fourth bedroom above the garage and replacing the existing sub standard utility room at the back of the garage. We had plans drawn up and submitted and consequently received planning permission for the project.
The structural engineer visited the site prior to the work beginning and instructed our builders to demolish the existing garage and lay new foundations.
They duly did this, but the new foundations (about 8 foot of concrete poured into an L shaped trench) were lain along our property boundary, where our path previously was, rather than where the old garage wall had been (all in all an increase of about 90cm). Whilst digging the trench for the new foundations, the builders discovered that our neighbours path had been packed underneath with loose rubble dating from the time that their house was built. Some of this rubble fell into our trench so when the builders poured the concrete for our foundations, they also filled the gap under the neighbours path.
Due to the new positioning of the wall I consulted our architect who phoned the planning department and they said that we'd need to reapply for new planning permission. We've subsequently done so but the neighbours have put in an objection (not a very strong one as it's main point is that they liked us having a path next to theirs so they could move their bins around and move garden rubbish) She has, however also complained that we 2dug under her path causing it to collapse". We're now awaiting the result of the planning permission and have received a letter from the planning department:

PROPOSAL: Erection of two storey garage, utility, bedroom and en-suite extension to side and porch with canopy over to front.

LOCATION: Newcastle upon Tyne,

I refer to your planning application with regard to the above proposed works.

Following a site visit to the property it is apparent that work has started on the erection of the two-storey side extension. I note you gained planning permission reference 2011/0614/01/DET for a development similar to the current application. The two-storey side extension you have planning permission for does not extend up to the boundary with the neighbouring property. You do not currently have planning permission for this extension and therefore I strongly recommend that you stop work. Any works carried out without planning permission are at your own risk.

I would be grateful of you could clarify foundation details. There is concern that the foundations are encroaching onto land owned by the neighbouring property. If the foundations are/will encroach then you are required to serve notice on the neighbouring property and complete certificate B on the enclosed form.

Details of bin storage are also required. Please indicate the location on a plan.

If you have any further queries about planning permission, please contact the officer shown at the top left of this letter.

Yours faithfully"


I'd be really grateful for any advice? Will there be any provision under the Party Wall Act that could affect our planning proposal?

Anything I should be doing? The architect has advised contacting the planning officer with pictures of the foundations, showing the trench dug and concrete is on our land and the rubble under the neighbour's path. Do we just wait for the planners decision after that or is it worth consulting a lawyer ? Does the repair to the area under the neighbour's path constitute the foundations encroaching on their land and, if so, can they use this to stop our build?

Thanks in advance

Chris