help please (planning permission Scotland)

roberto1978_2

hi,

my neighbours have started building an extension which I believe blocks off the rear access which is supposed to be provided from my back garden through theirs (I'm in a mid terraced house and my back garden should have an access path for bins/fire escape through theirs, however, when I moved in, the fence was boarded shut and I never really bothered changing it.)
Now though, they've "notified me" (they haven't, and I suspect they also haven't notified the other people they've stated on the planning permission notice) and started building a rather large extension which looks as though it will totally block this access.

Anyone know where I stand legally?

thanks

googler

If they have planning permission, I would expect you to have been notified of the application, as a 'notified neighbour' (by post?).

Check your council's website, find the application your neighbour put in, and see if consent has been granted to it. If not, write to the council and tell them about the unauthorised development next door.

If consent has been granted, but you insist that you weren't notified, then again, write to the council and tell them that the proper procedures weren't followed in determining the application. Might be an idea to make sure for certain that nobody else was notified.

Speak to the Duty Planning Officer at the council's planning dept - every planning dept should have one, and as council taxpayers, they're there for your benefit and to be of service to you. Make use of them.

Lastly, check your title deeds. Make sure you DO have the access rights you claim. If you do, you could get the solicitor who acted for you with regard to your purchase of your house, and get him to draft a stiffly-worded letter to your neighbour pointing out the infringement on your right of access.

You should probably gird yourself for losing any semblance of a cordial relationship with your neighbour for some years to come.......

Nosht

roberto1978 wrote: »

hi,

my neighbours have started building an extension which I believe blocks off the rear access which is supposed to be provided from my back garden through theirs (I'm in a mid terraced house and my back garden should have an access path for bins/fire escape through theirs, however, when I moved in, the fence was boarded shut and I never really bothered changing it.)
Now though, they've "notified me" (they haven't, and I suspect they also haven't notified the other people they've stated on the planning permission notice) and started building a rather large extension which looks as though it will totally block this access.

Anyone know where I stand legally?

thanks

You are entitled to access to rear of property.

One of my properties is a mid-terrace house with access written into deeds & another is a corner building with access for neighbour in the deeds.
I am currently giving another neighbour land in exchange for access to a back garden for bins, gardens & back door which has to be included in new Deed Plans.


Regards,


N.

P.S. Scotland.