Neighbours blocking shared Access-way - no dropped Kerb

ffacoffipawb

makara wrote: »

I'll update you once the Police have visited.

I'll look forward to your next post in February 2018.

makara

jrtfan wrote: »

OP, I've found a handful of links which might or might not be of some use/interest to you:


EDIT - quoting directly from the CAB's website, Neighbour Disputes (the first link, above):

Contact the planning department

The local planning department has the power to investigate if there has been a breach of planning control. The authority can issue an enforcement notice if the neighbour has carried out building work without permission or is using the land for an unauthorised purpose.

Thanks a ton - that part about "unauthorised purpose" looks key.

bazster

makara wrote: »

EDIT - in response to what you just wrote...the Police officer also told me that the Neighbours DO have a right to leave items on THEIR side of the Access-way

Yes of course they do, but I'd like to see them fit a car up there without trespassing on your side, or indeed interfering with your right of access.

bazster

makara wrote: »

Thanks a ton - that part about "unauthorised purpose" looks key.

Er, no, complete red herring. That is referring to "unauthorised" in a planning sense e.g. running a shop out of residential property.

makara

bazster wrote: »

Yes of course they do, but I'd like to see them fit a car up there without trespassing on your side, or indeed interfering with your right of access.

A good point - and they don't have a motorbike

makara

bazster wrote: »

That is referring to "unauthorised" in a planning sense e.g. running a shop out of residential property.

What if they're renting the Access-way out as Airport Parking? Does that not count as a Business venture (however limited)?

bazster

makara wrote: »

What if they're renting the Access-way out as Airport Parking? Does that not count as a Business venture (however limited)?

Good point. Renting out one parking space doesn't require planning permission so long as it's not a nuisance to neighbours. Clearly in this instance it is a nuisance to neighbours so you could indeed get onto the planning department at the council and ask them to serve an enforcement notice.

It also gives you a trespass angle. Damages for trespass are typically assessed as being the benefit the trespasser has obtained from the trespass, so you could sue for what you would expect long-term parking to cost in your area, but you'll need evidence.

jrtfan

bazster wrote: »

Er, no, complete red herring. That is referring to "unauthorised" in a planning sense e.g. running a shop out of residential property.

I don't know for sure, Bazster, but there is reference made to use of land on the gov.uk Planning Portal: http://www.planningportal.gov.uk/planning/

Also, we had personal experience once of a neighbour complaining that my husband was undertaking "commercial metalworking on cars in the back garden" (of our home) - which wasn't actually true, if only for the fact we don't have vehicular access to our back garden! But he wasn't, in any case. Because of this allegation we received a visit from the Council's Enforcement Team, regarding commercial use of property without the appropriate planning approval (we were given a clean bill of health, incidentally).

I just thought it might be worth the OP making a phone call, as it seems like a bit of a grey area. Not saying you're wrong.


EDIT - sorry! You've nipped in meanwhile whilst I was typing my post and we seem to have cross-posted now! My apologies.

gonzo127

from the picture of the 'rubbish' it looks to me like you are the house on the right, it also looks like you have a drainpipe right at the side of your porch, could you not but a cheap and tatty push bike and a U lock, and lock it to the drain pipe - would that take enough width from the access way to stop cars driving on it?

or cheaper still, put your wheely bin there and lock it to the drainpipe with a U lock?

makara

gonzo127 wrote: »

from the picture of the 'rubbish' it looks to me like you are the house on the right, it also looks like you have a drainpipe right at the side of your porch, could you not but a cheap and tatty push bike and a U lock, and lock it to the drain pipe - would that take enough width from the access way to stop cars driving on it?

Well observed! And a possible contender - don't have an old bike, but could find something wide enough in our garage perhaps to put a U-lock (and the item) around the drain-pipe.


Cheers!