Neighbours Swimming pool to be built adjacent to our bedroom

[wendee]

Hi please can anyone give me some advice?
My neighbour has acquired a “ Certificate of Lawfullness “ to build an out of the ground swimming pool 1.2m from our fence which makes 2.4 m from our bedroom. Before the decision to grant the certificate, I objected ( with detailed plans)
to the planning dept, but they replied that for a certificate, no objections were taken and they had no grounds on which they could refuse! So I have searched building regs, (pool had to be min 5m from his house to protect his building and services, but no stipulation as to how near/ far the pool should be from our house(! I have appealed Building Regulations dept’ only to be told that they also unfortunately had no grounds to object , but that did not affect my “Statutory Rights” under civil law, if we wished to take it that far.
Please can someone explain.....what are my statutory rights? Being a pensioner I do not have extensive funds to take this to law.

[wendee]

Just to add..... we are in an AONB area, but this doesn’t seem to have helped.

[atticus]

Do you mean a certificate of lawful use? That suggests at least 10 years prior use for this purpose.

Do you have legal expenses cover with any insurance policy?

[wendee]

No….it is a planning certificate, that it is lawful to build and does not need full planning permission. It is lawful as long as the applicant has submitted accurate plans/ information and he builds it as info submitted. His plans were quite vague and did not show how close our house would be to the pool, but I drew their attention to this and overlooking etc, but to no avail.

[atticus]

section 6 of the Party Wall Act 1996 might be engaged: https://www.legislation.gov.uk/ukpga/1996/40/section/6

If so, you will need specialist advice.

[Pezza54]

The national standard states all outdoor swimming pools should be at least 10ft (3m) away from any house walls. This is mainly to protect any electrical wiring from being damaged by flooding or water splashes.
If you are sure that the nearest side of the proposed pool is 2.4m from your house wall, get back to both the LA planning and building control departments and point this out.

[Pezza54]

Apologies the national standard for outdoor pools relates to the USA. The UK doesn't appear to have the same standard

[Pezza54]

I stand to be corrected but I don't think the Party Wall Act applies in this case.
The Act appears to cover excavations for a structure within 3m of a neighbours building going deeper than the bottom level of the neighbours foundations.
An above ground pool is probably built on a concrete slab.

[atticus]

The OP can judge for him/herself. I used the word "might".

[Pezza54]

The only statutory right I can find that might apply is statutory nuisance caused by the neighbour having regular late night (after 11pm) pool parties close to the OP's bedrrom window.

[wendee]

The only statutory right I can find that might apply is statutory nuisance caused by the neighbour having regular late night (after 11pm) pool parties close to the OP's bedrrom window.

Oh what a rollercoaster! I really thought the party wall act might help. So in the case of a pool, an adjoining neighbour has no rights, and no protections for his property in the UK?
I also mentioned to Building control that as we do not have main drains and his property / pool are higher than our garden, if he drains his pool, the water would run into our garden, down our steep drive and into the Lane. Building control did not say anything about this, or see a problem!

[Pezza54]

Had you not lived in an AONB your neighbour could have built the outdoor pool without referring it to the LA planning department.
Planners prefer new structures in AONB to be built as near as possible to existing structures to preserve the ONB

[Pezza54]

If your neighbour regularly drains their pool and the water runs into your garden, again this may be statutory nuisance.
Pool water will probably contain chlorine and other chemicals and may kill delicate plants.
You would need to warn your neighbours about this but if they do not find another way to drain their pool you should consider making a court claim for damages.

[wendee]

I am amazed that UK regulations are so airy-fairy regarding domestic swimming pools.
It is so wrong that his house is protected by a 5m distance rule, but no consideration to distance protecting our sanity, health, house or services.
With the climate warming up, I’m sure more of these problems will arise.
If you have any further advice, I will be most grateful.
Thankyou

[wendee]

section 6 of the Party Wall Act 1996 might be engaged: https://www.legislation.gov.uk/ukpga/1996/40/section/6

If so, you will need specialist advice.

Thankyou for this. Although it seems to mostly address depth of excavation of foundations, which I think will not apply to us,
there is a note at section 10 that states his ongoing liability for any damage that arises from his project.
Would you advise that I send to him a copy of this Party Wall legislation?

I have yet to look into out insurance legal cover.