Overview
Party wall and planning control are separate systems. A project may have planning permission and still require Party Wall notices. Equally, the fact that you dissent to a Party Wall notice does not reopen the planning decision or give the party wall surveyors a general power to redesign the development.
What party wall surveyors are there to decide
Where a statutory dispute exists, the surveyors may determine the right to execute the relevant work, the time and manner in which it is carried out, and matters arising out of or incidental to the dispute. That can include practical protective measures and conditions relevant to the notifiable work.
That is very different from deciding whether the extension should be smaller, whether a window should be moved for privacy, whether the roof should be a different shape, whether the development is attractive or whether the overall proposal is good planning.
Design can still matter — but only for a relevant reason
The drawings and design are still important because they tell the surveyors what work is proposed and may reveal how the notifiable work will affect the adjoining property. A surveyor may need clarification or further engineering information before properly determining the dispute. But reviewing a design for party-wall purposes is not the same as becoming part of the design team.
- A foundation detail may matter because it affects excavation and support.
- A flashing detail may matter because it relates to weathering where work interfaces with the adjoining building.
- A sequence of demolition may matter because temporary stability must be protected.
- The overall width, style or appearance of an extension is ordinarily a planning/design matter, not something for the party wall award to redesign.
If you dislike the design
Use the correct route. Planning objections should be made through the planning process where planning control applies. Boundary disputes require a boundary route. Rights of light, restrictive covenants and nuisance can involve different legal principles. Trying to force those issues into a Party Wall award can waste time and money without producing the outcome you want.