Hi, can I ask if anyone has experience of a normal domestic adjoining house
being split into two homes (Scotland) ?

My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my say
then but is there a recognised procedure or better still grounds I could put
forward to stop it taking place ?

I know I sound mean but it does involve my one and only home and it was a
bit of a shock :-(

Gio

In message , at 01:15:07 on Mon, 4
Feb 2008, Owain remarked:
Valid planning considerations include: adversely affecting the density
of housing in the area; adversely affecting the housing availability
(ie if there is a shortage of larger houses);

That's certainly a big consideration in parts of Nottingham, where it's
not allowed to split any large houses into [student] flats any more.

shortage of on- or off-street parking;

Depends where you live. In Cambridge they have a scheme that
"redeveloped" houses aren't allowed residents parking permits. So
converting a house into two will actually *increase* the available
street parking for the remaining residents.
--
Roland Perry

On Sun, 3 Feb 2008 23:15:06 +0000, "Gio" wrote:

Hi, can I ask if anyone has experience of a normal domestic adjoining house
being split into two homes (Scotland) ?

My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my say
then but is there a recognised procedure or better still grounds I could put
forward to stop it taking place ?

I know I sound mean but it does involve my one and only home and it was a
bit of a shock :-(

Check out the local planning policy in your area. There may be
something preventing or encouraging it. Talk to the planning
department - they know the rules and may tell you whether this kind of
development is frowned upon.

INAL.

M.

"Owain" wrote in message
...
Gio wrote:
Hi, can I ask if anyone has experience of a normal domestic adjoining
house being split into two homes (Scotland) ?
My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my
say then but is there a recognised procedure or better still grounds I
could put forward to stop it taking place ?

This is a matter for planning law. Planning permission will be required.
Devaluation of your house is not a valid planning consideration and will
not be considered by the planners. Valid planning considerations include:
adversely affecting the density of housing in the area; adversely
affecting the housing availability (ie if there is a shortage of larger
houses); shortage of on- or off-street parking; changing the character of
a neighbourhood, etc. You might have an increase in overlooking if an
upstairs bedroom is going to be turned into a lounge.

Your deeds should not be affected. New deeds will be created for the
division of the property into two dwellings, including sharing the garden
and drive if applicable. This is nothing to do with you.

The conversion work will have to be carried out to current Building
Standards, which are likely to be more stringent than the ones in force
when the property was originally built, so you might actually end up with
better sound insulation from your neighbours than you have already.

Bear in mind if the property is hard to sell or let as a single house, it
could get turned into multiple occupancy bedsits, which would probably be
even less desirable as a neighbour.

IANAL

Owain


Thank you for that. The thought of multiple occupancy has put into
perspective for me. It was just a shock that was all and suddenly I felt
vulnerable in a silly sort of way. I appreciate you detailing the planning
aspect and as you say property valuations are not a matter of concern for
them.

Thanks

Gio

"Mark" wrote in message
...
On Sun, 3 Feb 2008 23:15:06 +0000, "Gio" wrote:

Hi, can I ask if anyone has experience of a normal domestic adjoining
house
being split into two homes (Scotland) ?

My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my
say
then but is there a recognised procedure or better still grounds I could
put
forward to stop it taking place ?

I know I sound mean but it does involve my one and only home and it was a
bit of a shock :-(

Check out the local planning policy in your area. There may be
something preventing or encouraging it. Talk to the planning
department - they know the rules and may tell you whether this kind of
development is frowned upon.

INAL.

M.


You are right, the planning dept will have to be spoken to and see what the
general conditions are.

"Roland Perry" wrote in message
...
In message , at 01:15:07 on Mon, 4
Feb 2008, Owain remarked:
Valid planning considerations include: adversely affecting the density of
housing in the area; adversely affecting the housing availability (ie if
there is a shortage of larger houses);

That's certainly a big consideration in parts of Nottingham, where it's
not allowed to split any large houses into [student] flats any more.

shortage of on- or off-street parking;

Depends where you live. In Cambridge they have a scheme that "redeveloped"
houses aren't allowed residents parking permits. So converting a house
into two will actually *increase* the available street parking for the
remaining residents.
--
Roland Perry


Fortunately for us parking permits are not an issue up here but that is an
interesting aspect re redeveloped properties not being allowed parking
permits. I would have thought the facility to park was a consideration of
the planning approval for redevelopment of homes. e.g. no parking facility,
no permission to develop.

On 4 Feb, 15:15, Mark wrote:
On Sun, *3 Feb 2008 23:15:06 +0000, "Gio" wrote:
Hi, can I ask if anyone has experience of a normal domestic adjoining house
being split into two homes (Scotland) ?

My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. *I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my say
then but is there a recognised procedure or better still grounds I could put
forward to stop it taking place ?

I know I sound mean but it does involve my one and only home and it was a
bit of a shock :-(

Check out the local planning policy in your area. *There may be
something preventing or encouraging it. *Talk to the planning
department - they know the rules and may tell you whether this kind of
development is frowned upon.

INAL.

M.

Planning law has recently changed in Scotland (or is about to) .
You'll only have an official say if this development needs planning
permission. Contact your local planning department for information. If
neighbour needs planning permission then you should get a neighbour
notification when the planning application is lodged and you'll have a
certain time (21 days??) to lodge objections. The notification will
tell you the address of the planning office where you can view the
plans. As has been mentioned, there is a limited number of material
grounds for objection; any non-material grounds in your objection will
be ignored. The main grounds will be listed on literature available
from the planning department or on their website, but for the full
range you might need advice from a planning lawyer. The council
planning officer allocated to the application can give you any
additional information and some guidance. They are required to be
impartial so don't expect them to tell you how to best object.
The deeds of the properties are another approach which would be worth
checking. If you have access to them they are usually reasonably
clear, but with both the deeds and grounds for objection, if the
matter is really important to you, you might have to get professional
advice to make sure you are not missing anything. An additional
approach is of course, if possible, to work with the neighbour to see
if you can resolve any concerns you have.
Be aware that you are entering into a game where the neighbour's
planning agent and the council planning office know the rules and you
don't.
If the adjoining house is being split into two flats on separate
floors then it might then be subject to the law of flatted properties
(tenement law). I'm not sure where that would place you if your deeds
detail joint liabilities for certain aspect of the building. Again
your council may be able to advise on this, or you may need
professional advice.

Toom

"Toom Tabard" wrote in message
...
On 4 Feb, 15:15, Mark wrote:
On Sun, 3 Feb 2008 23:15:06 +0000, "Gio" wrote:
Hi, can I ask if anyone has experience of a normal domestic adjoining
house
being split into two homes (Scotland) ?

My initial thoughts having been initially told on the doorstep tonight by
the neighbour were to dig my heels in and complain given it might create
extra noise and devalue my own home. I assume it will have to go through
planning and perhaps align with the deeds so I might be able to have my
say
then but is there a recognised procedure or better still grounds I could
put
forward to stop it taking place ?

I know I sound mean but it does involve my one and only home and it was a
bit of a shock :-(

Check out the local planning policy in your area. There may be
something preventing or encouraging it. Talk to the planning
department - they know the rules and may tell you whether this kind of
development is frowned upon.

INAL.

M.

Planning law has recently changed in Scotland (or is about to) .
You'll only have an official say if this development needs planning
permission. Contact your local planning department for information. If
neighbour needs planning permission then you should get a neighbour
notification when the planning application is lodged and you'll have a
certain time (21 days??) to lodge objections. The notification will
tell you the address of the planning office where you can view the
plans. As has been mentioned, there is a limited number of material
grounds for objection; any non-material grounds in your objection will
be ignored. The main grounds will be listed on literature available
from the planning department or on their website, but for the full
range you might need advice from a planning lawyer. The council
planning officer allocated to the application can give you any
additional information and some guidance. They are required to be
impartial so don't expect them to tell you how to best object.
The deeds of the properties are another approach which would be worth
checking. If you have access to them they are usually reasonably
clear, but with both the deeds and grounds for objection, if the
matter is really important to you, you might have to get professional
advice to make sure you are not missing anything. An additional
approach is of course, if possible, to work with the neighbour to see
if you can resolve any concerns you have.
Be aware that you are entering into a game where the neighbour's
planning agent and the council planning office know the rules and you
don't.
If the adjoining house is being split into two flats on separate
floors then it might then be subject to the law of flatted properties
(tenement law). I'm not sure where that would place you if your deeds
detail joint liabilities for certain aspect of the building. Again
your council may be able to advise on this, or you may need
professional advice.

Toom

Thank you ALL for the advice on the matter and as you say for peace of mind
I think I will have to do a little digging.

Gio

In message , at 19:55:15 on Mon, 4 Feb
2008, Gio remarked:
Depends where you live. In Cambridge they have a scheme that "redeveloped"
houses aren't allowed residents parking permits. So converting a house
into two will actually *increase* the available street parking for the
remaining residents.

Fortunately for us parking permits are not an issue up here but that is an
interesting aspect re redeveloped properties not being allowed parking
permits. I would have thought the facility to park was a consideration of
the planning approval for redevelopment of homes. e.g. no parking facility,
no permission to develop.

The regime in Cambridge seems to assume that developers will always get
permission if they appeal, but the withdrawal of parking permits forces
them to consider including off-street parking within the development; or
where that's not possible the economic disincentive of having a
residence to sell without any nearby parking will dissuade them from
redeveloping at all.

--
Roland Perry