Annoying Neighbour's Business HELP!

mmlabbd1

Hey smart moneysavers, hope you may be able to help me...

Here is a copy of an email I sent to the local council which explains the situation, do any of you have any suggestions/experiences with things like this?

"RE: The Land Adjacent to 18 ********* Road

Dear Sir / Madam,

I hope you can spare me five minutes of your time to answer some queries I have relating to the use of the above named land.

I am the owner of 18 ********* Road and have been since March 2006. There is a piece of land adjacent to my property, that is in clear view just opposite my front door, that is a private car park owned jointly by the residents of 2 - 16 ********* Road. This area is only accessible to vehicles via a locked gate to which all the owners have a key. Up until a few months ago this land was rarely if ever used and if it was used, it was used for the purpose of parking privately owned cars.

A few months ago I will assume that a new resident moved into one of the above named houses. At around the same time various cars started appearing in this private car parking area which had obviously been involved in car accidents, some more worse for wear than others. Most had bonnets crumpled, wheels mangled, mirrors hanging off etc. Initially I reported the cars as being abandoned but was informed by the council that they were not abandoned but were the property of an owner who had access to the land. Also being parked there frequently is a 'pick up truck' which I have seen holding and dropping off cars into this area.

It is quite plain that this private car parking area is now being used for a business. It is being used for the storage of broken vehicles before they are fixed, it is being used for the repair of said vehicles and various car parts (bonnets etc) are also being stored up by the fence and generally making the area look more like a car repair shop than a residential area. I would like to check whether any planning is a) required or b) been requested to use this land for business purposes. If it is required and hasn't been requested I would like to enquire as to how to take this further, or what my next step may be. I feel having these "mangled wrecks" just outside my front door not only makes the area look cheap and nasty but would also lead to a drop in any asking price for my property should I wish to sell."

Just FYI the land ISN'T visable by the houses that own it. So what do you think?

mmlabbd1

chickmug

Sorry but I can't offer you advice but others may come along later and do so. However I would say I don't like 'watching paint dry' waiting for any reply to such letters so in the first instance I would of telephoned.

I have always found planners extremely helpful and even if they feel you are better advised to speak to another department as well as, or instead of, them they will tell you. Please keep us updated so others can learn from your experience.

Good luck

lynzpower

Yeah, get on the phone.

Seems to me to be a change of use. they need planning permission for that. Give them a ring at the planning office, there should a be a duty planning officer who can help.

maninthestreet

I think those wrecked cars will fall into the category of 'hazardous waste', so the council should take action against the landowners.

ffacoffipawb

The tax man may be interested as it is likely to be an undeclared business.

m1ntie

As a Local Government Officer - Environmental Health, may I suggest that you get one of the Elected Members (Councilors) to take up your case.
You will find that your complaint will go to the top of the pile, although whether it gets resolved is a different matter.

Ian_Griffiths_Halifax

It would be interesting to know if the guy has Public Liability insurance. What if kids get in and set fire to the cars and damage the buildings nearby.

poppysarah

Running a car repair place is one of the things councils always without fail say no to in residential areas. I'd give them a ring and perhaps take some photos too.

Thanks to the EU damaged cars have to be treated really carefully to protect the environment.

Get in touch with your local councillor who if they're nice might pop round and have a look and know exactly who to get in touch with at the council.

Should all be sorted by next week. Fingers crossed.

If you gave your local councillor a call now they might come and see it over the weekend.

vivatifosi

Great advice so far - change of use - taxman - public liability insurance - councillor etc. Also check your deeds to see if there are any restrictive covenants. Where I live I can carry on a profession such as a teacher or solicitor (! ok, probably not that sort), but not run a car wrecking business. May also be worth checking out.

guppy

I think you did the right thing by writing, phone calls are all too easily forgotten where difficult issues are involved.

If you don't get a response definitely get in touch with your local councillors, they love this kind of thing.

Hopefully Planning Enforcement at the council will take action, maybe take some photos to show them the extent of the problem on bad day?

Tax isn't always straightforward, especially if he's self-employed, but you can contact your local Valuation Office and have them assess the land for business rates. Although its jointly owned, the occupier is liable, and he is the occupier.

As someone else said, there are environmental issues too, such as contamination of the land from oil etc. Remind the planners of this, and also the Environment Agency who I believe are responsible for enforcing this. The land should be adapted to avoid contamination getting in to the ground.

Finally, check your deeds, or the deeds for this land. They may specify what is and isn't allowed to be done there. It would be a very poor contract if there weren't any restrictions on this sort of thing...

Good luck, hopefully if you pile on the pressure the selfish neighbour will decide its not worth the aggro.

lincroft1710

Being a car park it may already be assessed for non domestic (business) rates.