Fire Incident report for property

Micromat

bris wrote: »

What will assist your case better is getting the council involved, they will put a stop to it, you can't get permission to build on a right of way.

Yes the OP needs all the help he can get, some of these people will stop at nothing and go ahead and build without permission. The last thing OP wants is it getting nasty... better to stop it dead before it starts although the right of way is already blocked so dealing with that quickly will help!

EchoLocation

bris wrote: »

you can't get permission to build on a right of way.

That's what I thought. As it turns out, we are both ENTIRELY wrong. Rights of way are not taken into account at all under Planning Law, as demonstrated by my County Council approving a development that will be built across my right of way.

Micromat

EchoLocation wrote: »

That's what I thought. As it turns out, we are both ENTIRELY wrong. Rights of way are not taken into account at all under Planning Law, as demonstrated by my County Council approving a development that will be built across my right of way.

OP, you need to get your right of way unblocked immediately, the longer it's blocked the easier it is for anyone to say you don't have right of way!

lonestar1

object to the permission as it will block your right of way

Micromat

Sorry can't post a link but found this by googling "right of way rules"

I have a vehicular right of way over my neighbour’s land which is formally registered in both mine and my neighbour’s title deeds. However, my neighbour recently erected a gate across the right of way and locks it after 5pm every night, which means I can’t access my driveway or home. When I asked him to provide me with a key for the padlock he refused. What can I do?

This problem is classed as an interference with, or obstruction of, your right of way. If your neighbour is refusing to talk to you, such an issue can be resolved by making a claim to the court that your rights have been interfered with.

The first thing to do is to establish if the locking of a gate over your right of way amounts to a wrongful interference. Courts generally apply a test of “substantial interference” to such cases, which is designed to see if there is a problem and how seriously the right of way has been impacted by the obstruction.

This issue is a question of fact in each case. In some scenarios, the courts have been prepared to find that the erection of a gate can amount to a substantial interference. For example, if no gate was there beforehand, or if it is locked and no key has been provided to you.

Photographs before and after the obstruction was erected can be helpful for claims. It can also be useful to have video evidence of just how difficult it is for you to use the right of way – if at all – with the obstruction in place.

This evidence should then be put to your neighbour before the issuing of proceedings so that he has an opportunity to respond and, if necessary, provide you with a key.

If your neighbour continues to refuse to provide a key, the next step is to get advice about whether court proceedings are necessary. In extreme circumstances, you might have to get an injunction requiring your neighbour to remove the gates – or at the very least provide you with a key.

EchoLocation

Micromat wrote: »

OP, you need to get your right of way unblocked immediately, the longer it's blocked the easier it is for anyone to say you don't have right of way!

I definitely have a legal right of way so there's no argument there, but as I found out Planning Law is a joke and approval was given. So my case is under civil law, and unfortunately it looks like legal action is the only way to stop it unless a stern solicitors letter can prevent it.
If I can get the Fire Incident report I will immediately send it to the county council with yet another complaint.

Cheeky_Monkey

Just curious ..... what exactly is your neighbour using to block your right of way?

EchoLocation

Cheeky_Monkey wrote: »

Just curious ..... what exactly is your neighbour using to block your right of way?

Locked gate and junk. They are also intending to build on it, blocking it permanently.

MisterB1959

EchoLocation wrote: »

Does anyone know if it's possible to obtain - post or online - a copy of a Fire Incident report for your or any other property?

unless thing have changed since I left, you can obtain something known as an 'extract' fire report, which just gives some details, but not all. the fire report probably wouldn't make any comment re access or lack of it, unless it contributed significantly to abnormal fire spread.


again, unless things have changed, we never had a problem with access, other than where a positive attempt had been made to keep everyone out

Cheeky_Monkey

I was hoping you were going to say 'a load of rubbish/junk' then you could've had a bonfire! Alternatively, report them for flytipping.

Do you know why your neighbour has installed the locked gate? If it's a padlock and it's 'on your side', have you got any bolt cutters?