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Thanx Scotlandx,
Upon further enquiry I discover that the space I was talking about was actually NOT roof space CP above the original building footprint but enclosed air space which was created as a result of the renovation extension.
Apparently we agreed to the upstairs owner creating a room in what had been roof space CP above and at the very back edge of the original building footprint and this agreement seems to have evolved to include the creation of the high ceilinged new room above our new ground floor rooms.
Hence the upstairs dwelling has a 2 storey high single level living space which it would not have been possible to create without the unagreed exploitation of what in normal circumstances would have been CP roof space.
I know it sounds as if we are rather clutching at straws here, or should that be clutching at Architects Drawings, but can their be such a thing as theoretical CP in this sense.
Thanks again.