new build advice

Myown

I was elected to speak at the town hall to oppose plans on a new build in a garden behind my home and 4 other neighbours.
At the planning meeting it has been deferred so the applicant can see if he could turn the property at an angle :mad:

The back of the house will be facing us, but from my lounge window which is in the back, I can see the side view, the front will face open space and a main road. The building has been placed 25 meters away from the applicants house as consideration was given for the privacy of both dwellings. I stated consideration was not given to his neighbours at it is 18 meters away, the planning officer insisted that 21 meters is a guide line only and she has stated he can build up to 18 meters away and 15 meters for bedroom windows. A councillor asked where she got her figures from and she re iterated the minimum guidelines are guidelines, so she never answered the question.

We have got property plans from a previous owner of one of the properties, the up to date plans show a smaller garden in length of mine and all the neighbours, the applicant has 3 meters of our land and it does not state any thing about him purchasing our land.
Adjacent to our original boundary, running the length of 5 properties, was land belonging to the coal board, the applicant did purchase that land and it does state that, it goes on to say.....

A Transfer of the land in this title dated 19**

between (1) The National Coal Board and (2) Mrs XXXXX

contains restrictive covenants.


NOTE: Copy in Certificate.

Im hoping this means he cant build on the land, but where can I get this information from.

If the applicant has obtained some of our gardens illegally, can we get our gardens back? We have 10 meters apposed to 14 meters that shows on earlier plans.

I would be grateful for any advice.

Myown

I have been told by an architect that the land has not been purchased as it does not show as purchased on the plans or in the deeds, the coalboard sold the house and garden, not the land he has claimed, there is nothing showing that he purchased part of our gardens iether

What can we do about this?

brit1234

Myown wrote: »

I have been told by an architect that the land has not been purchased as it does not show as purchased on the plans or in the deeds, the coalboard sold the house and garden, not the land he has claimed, there is nothing showing that he purchased part of our gardens iether

What can we do about this?

Buy the land yourself.;)

Myown

We want our gardens back, I need help to know where to go, if we get land back that is ours, the waste land after it will be to small to build on. Im annoyed that a councilor can move the boundary towards our properties, gaining more land for him self, this information has just been found. We want to make sure it is our land legally, and do things right! Its knowing where to go, writing on forums I thought some one might have some good advice!

brit1234

Buy the extra and expand the garden. Doesn't matter if you cant build on it, it prevents others (monopoly game trick) buying land next to it.

Johnandabby

Sorry, I'm not clear on this. Are you saying that you believe that the applicant has, at some time, physically moved the fence of your garden (and your neighbours) to grab more land? It would help on this forum if you separate it into each issue - loss of your garden, then ownership of the other plot of land, and then the planning application.

What does the Land Registry plan of your house (and your neighbours) show? If you dont have it then get it today! It should be pretty clear on there - if not, I know my father had someone come out from the Land Registry to resolve a boundary dispute.

You are able to apply for planning permission on land you don't own, but have to tick the right boxes on the application.

Myown

You are exactly right!

I have a copy of the plans from my next door neighbour, showing waste open land behind our homes.
I purchased a copy from the land registry yesterday as up to date 2013. It shows open land behind my house and that of four neighbours, we are in semi detached homes in a row. I will try to number the points.....

1/ open land behind our houses
2/ neighbour has fenced off this land and claimed it as his own
3/ the land is big enough to build a house on and still enough room for a car park for two cars a drive way and a garden. He cleverly did this by growing a hedge, then later putting a fence in front of the hedge. Behind this it is still open land with pathways
4/ Plans from 1979 show the boundry of our gardens running from the back boundry 'right hand side' corner (as if your looking from the window at the back of my house) moving out as it runs along the back of m neighbours into a triangle shape. So basically 5 gardens merge into a long triangle, the furtherest point being on the 5th house to left of my house.

His submitted plans show 'all' our homes as the are now, running in line so all merged its a rectagle shape. We have fencing along the back of our homes in a rectangular shape, so the 4th 5th neighbour has ended up having very small gardens, infact, his garden is 8meters in length, according to the land registery he should have 20 meters, then the next neighbour 18 meters, the next 16, the next 14 then me 12 metres. None of our gardens are what they should be, so this man has moved all our boundaries closer to our homes.

We have since found out that the people who lived in our homes prior to us were old, so he convinced them to have smaller gardens. We know from the plans at the land registery that it has not been done legally.

We are going to the archives this week to find out for sure whats happend, as the plans 2013 show our gardens as they used to be.

I am annoyed as he is a councillor, he clearly has looked after him self and not his constituants!

AlexMac

Quite complex- and it might be worth simplifying your question and re-posting it with a better heading (new build is a bit vague) as that way you might get better advice than I can give.

I'm no expert, but to separate your two questions -

1-Land ownership dispute?
Someone has stolen and fenced off parts of your and four neighbours' gardens in the past and now proposes to build on this land. You also believe that the developer has bought some former coal board land to make the development site big enough to build on, but may not own all the land he has fenced off.

2-Planning; how to object
What to do next about the planning application for this new build, (which presumably, you and your neighbours already objected to writing as part of the usual consultation) and which went to a Council Planning Committee where you spoke to your objections, where I assume it was either approved, approved with conditions, rejected, or referred for re-design?

1. Regarding the first point;
you say the applicant has stolen and fenced off parts of gardens owned by you and several of your neighbours. In your own words:

“the applicant has 3 meters of our land ….We want our gardens back, I need help to know where to go, if we get land back that is ours….(my) 4th and 5th neighbours …(have) small gardens;… (one has lost 12 meters; his) garden is 8 meters in length, according to the land registery he should have 20 meters, then the next (3) neighbours…(you describe a similar past land grab)... None of our gardens are what they should be, so this man has moved all our boundaries closer to our homes… the people who lived in our homes prior to us were old, so he convinced them to have smaller gardens. We know from the plans at the land registry that it has not been done legally”.

As other posters say; get the evidence from the land registry and reclaim your land. If necessary with legal support. If you and your neighbours own it, he can't use it, even as a garden, and will not be able to sell it on. Start with the solicitor who sold you your house; he or she would (should) have sent you the Land Reg plan and asked you to check your boundaries (as our did). Get the four other neighbours to do the same.

And although its not her problem, (because anyone can apply for planning permission on a plot, whether they own the land or not), tell the Planning Officer there is a boundary dispute and that you are taking legal advice as you allege that the applicant has stolen your property and is mis-representing it as his own. You need to contact her anyway regarding point 2 - the planning application.

2 Planning
There's lots of advice in earlier posts on this website if you do an advanced search; look for example at https://forums.moneysavingexpert.com/discussion/4454705

Check with the Planning Officer what actually happened and whether there will be another opportunity to comment; for example, whether the applicant has to re-submit new plans and if so, whether you and your neighbours will be consulted, whether it has to go back to Committee or whether she is now authorised to approve the detail, and crucially what the time-scales are. The fact that the applicant is a Councillor shouldn't make his chances better, as he shouldn't be able to participate in any decision - but in practice, he'll be leaning on his fellow Councillors in the bar, so it may be worth asking your own Ward Councillor for reassurance that there will be no stitch up.

If you are able to make more written consultation reponses, do so, ather reading up on how, and remembers, numbers count; get all your neighbours to write in- don't do one letter on their behalf. Make a lot of noise, within the rules; it's your democratic right!

(The second part of the property dispute- the assertion that the applicant has stolen Coal Board land over and above the plot he bought - its trickier, but ask your solicitor how and whether to pursue that too).

Good luck

Myown

Thank you so much

You are almost right.

1/ The planning applicant has not purchased 'any' land, he just put hedging along it, once grown, 'matured' he put fencing against it. As far as we can see on the up to date Registry plans. As I was told an land he owed ajacent to his house, it would of been high lighted in 'red' it is in black. I thought he had, but the deeds were refering to his own property and garden stating 'a strict covenance' So we need to find out what the covenance is.

2/ We cannot go to our ward councillor, because the applicant is our neighbour 2 houses away, who is our ward councillor. The other ward councillor is supporting him. So there lies the difficulty.

3/ I have got the land registry plans of the applicants house and my house. I do not own my house as such, its rent to buy, so until I actually buy I wouldnt of seen the plans.

4/ The planning officer is giving her support to the councilor, suprise,suprise, so I dont feel I can speak to her until we have concrete evidence

5/ I was at the town hall as a speaker to oppose the plans. The plans were 'refered' as he had to look again to see if he could turn the house so the windows were not over looking, if he does this, it means one big eye sore of the side of a house which will take more light.

Thank you for your advice

Myown

The planning application was refered so that the applicant could see if he could turn the house, so it would not over look our properties. If he turns it then it will be one big eye sore, but we cant see any thing being built if we are right.

The land behind our gardens has never been built on, so im going to find out if there is a covenance to say no building, or, if we have the right to keep open land as it has been longer than 2o yrs.

caeler

Easy. If you don't like what is happening don't buy the house. What does your landlord think about the planning application?