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party wall notice!!! this cant be happening

2

Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Last ditch solution would be for you and your neighbours to contract a builder to take the wall down, instal temporary fencing and rebuild the wall with the original bricks when the leisure centre has been completed.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • yes I can see your point.

    But that's what I dnt agree with. 'like for like'

    They can't clearly (or even we) build a wall with the character and age that goes with the houses around. same goes for plants that have taken years to do so. Also there would other issues when they start digging down deep right next to the wall.

    Also some neighbouring houses are rental properties (some converted to flats) so they don't really care.
  • Imp
    Imp Posts: 1,035 Forumite
    Cow dung and yogurt for the wall to age it quickly.
  • Pete*G_4
    Pete*G_4 Posts: 552 Forumite
    surely the main point is that they are riding roughshod over the proper planning procedure? If there have been numerous objections to the application then the council planning dept should have contacted you and gone through each of those objections.

    contact the local press and see if they will run a story on how the council are acting and how the proposed new centre will destroy part of the community. The council will move so fast to contact you after it's published that you'll think they were outside all along. In addition of course, you'll get a bit more public support form the area.
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  • Pete*G wrote: »
    surely the main point is that they are riding roughshod over the proper planning procedure? If there have been numerous objections to the application then the council planning dept should have contacted you and gone through each of those objections.

    Sorry, exactly which bit of the various regulations did you pull this from?!

    Never heard so much rubbish.
  • nickyx
    nickyx Posts: 19 Forumite
    Do you know if the wall is on your land or the councils? If it is a 'party fence wall' or built soley on your land your rights are more protected. Find out the facts, the planning permission cannot be challenged now. The appointed Party Wall Surveyor (chosen by you and your neighbours, but paid for by the council) will protect your rights and any disruption to plants and your garden will need to be made good or compensated for. It all comes down to the Party Wall Act but I agree that local press coverage could help your situation, it will make the council more careful about what they do.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Pete*G wrote: »
    surely the main point is that they are riding roughshod over the proper planning procedure? If there have been numerous objections to the application then the council planning dept should have contacted you and gone through each of those objections……...

    Based on the OP I don’t see what proper planning procedure hasn’t been followed.

    Application goes in, neighbours & interested parties get chance to object, any objections are considered as part of the application then a decision is made.

    I’m not sure if loss of a view or an old wall being replaced are valid objections but even if they are then presumably the planners decided that the new sports centre was more important.
  • keystone
    keystone Posts: 10,916 Forumite
    chickoo wrote: »
    that's totally wicked.

    but this is clearly unacceptable (i am definately going to write to my MP hoping he does follows up to Ombudsma).
    No do not HOPE - INSIST. He/she needs your vote next year and that of everyone else on your street. He/she is your only route to the Ombudsman as I said earlier.
    Does anyone know or have contacted local press office / newspaper for this? Media sure has the reach if not power to oppose this?
    Good idea but don't let such derail your approach to the Ombudsman. Leave it until later.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • Ensure you appoint a suitably experienced PW surveyor, PW etc Act is there to facilitate the works to go ahead - you cannot prevent them from going ahead, the 'building owner' has a legal right but equally, you as the 'adjoining owner' have rights - hence why a schedule of condition will be carried out on your property to detail in writing and photographically any defects that may exist. Once the works that are covered by the PWA are completed (usually after excavation of foundations and building up to DPC, the two surveyors will come and check the condition of the adjoining owners property again and compensation will be awarded for any further defects that can be attributed to the building owners works - this could be plants where the root systems have been severed and the plant/tree may be dying etc
  • Sorry to drag up an old thread, but the advice re. contacting the ombudsman above is wrong. You must do it yourself, not through an MP! Firstly though, you must formally complain to the Council, otherwise the ombudsman will not look at your complaint - once you get a written response from the council, then if you're not satisfied, contact the ombudsman (yourself - an MP won't do it for you!).
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