Any work you can do on the walls and chimney edges is inspected by Lewisham Council. In this case, the building permit for the planned terrace was reversed because the planning manager did not take into account the effects of noise due to the transmission of vibrations through the wall of the flank via construction connections. What is important is that these were not temporary vibrations during construction, but permanent vibrations that would be directed towards the wall by structural connections that served as a channel. „The fact that here, if the development and the roof terrace were to be built as planned, it might be possible to stop or modify because of the rights of the party or right over the entire side wall, which is only in the complainant, does not exempt the Council from considering issues that go on the whole issue of loss of amenities… Whether the wall would likely be a party does not seem essential. This is not to say that Waksman J. did not understand that there might be different rights to use the wall depending on the status of the wall. Indeed, he stressed that it did not matter whether the loss of amenities due to structural noise and vibration should also be taken into account in the planning process and stated that Kerswell V London Borough of Lewisham appears to be an interesting plan for the High Court. While this is one that complies with planning legislation and not party law, this included a proposal by an owner to close on the side wall of an adjacent building for a proposed 1st floor terrace. While it seems unlikely to me that we will soon see arguments against the containment of party walls because of „unnecessary inconvenience,“ this case could give a much higher profile to the issue of vibrations through a party structure.
As a result, it may be possible that we will consider the issue of noise and vibration in an „integrated state“ as something that will be more taken into account in the procurement process. All councils have similar planning and construction rules, but please click on your local council below to access your local building permit on a May permit page.