Stopping a supermarket from erecting scafolding on my land

lush_walrus

lovelyhead wrote: »

Oh c'mon. Get real.

It is a part of a larger construction project. They are also blocking up a window on the same wall. Is blocking up a window preservation? There is also nothing wrong with the current render. They are changing it for aesthetic reasons.

I get that you are angry and upset by the development happening I would be too no one wants to live next to a supermarket but the fight for that has been lost.

As others have tried to explain to you it doesn't matter how big the development is, the work to the part neighbouring you is maintenance. That supermarket can function and get up and running without bettering the outlook to your boundary.

Blocking up windows, they can do this from the inside with blockwork no problem or additional cost to them. A little awkward but that affects the contractor not the supermarket.

Rendering the side, well once the window is blocked up that wall will become quite unsightly. The simplet way to uniform the side wall is to render it. If you do not allow them access, they will explain to the planners that is the case and it will be agreed to be left unrendered and a mess for you to neighbour. No skin off the supermarkets nose at all.

Its up to you but I would think about now this blight is coming I would think about how I can make my property more sellable and get out of there. Arguably an attractive adjoining wall will be one benefit.

With regards to contact they will be contracting you and asking for you to appoint a surveyor to agree works to the party wall. Have a look at the party wall act.

xyz123

OP- if you know everything the (especially as you have contan whacontacted lawyer(s)) what's the point of posting a question here... U can do whatever you want... Have you told the lawyers you contacted that you are basically after "compensation" presumably in few thousands of GBP enabling you to move...

System

It's not that people on here aren't compassionate, most are just offering realistic comment on the situation.

If you have raised objections at the planning stage I would guess the developers will already have marked you as a potential problem, it's likely they will look to avoid paying any compensation and look for an alternative way of carrying out the works as they will see it as someone unwilling to compromise...

If the only lever you have is trying to get money out them for erecting a scaffold I'm not sure there will be a huge compensation offer either way.
Incidentally I lived beside a small supermarket before, wasn't as noisy as I thought it would be.

Davesnave

lush_walrus wrote: »

Rendering the side, well once the window is blocked up that wall will become quite unsightly. The simplet way to uniform the side wall is to render it. If you do not allow them access, they will explain to the planners that is the case and it will be agreed to be left unrendered and a mess for you to neighbour. No skin off the supermarkets nose at all.

Exactly what happened with a relative of mine.

The neighbour refused access, so a wall that was constructed couldn't be built as well as usual and it looked a mess.

The neighbour refused the offer to render and tidy up, so the relative left them staring at the ugly wall.

Four years later, the neighbour invited the relative to put up scaffolding and render.

OP you have already decided to move, so look at ways to make your own house as attractive as possible. This might, for example, mean planting some trees/bushes near that boundary, or attending to other matters that might concern a purchaser more than being next door to a supermarket.

Rosemary7391

I can't imagine you'd get much pay for giving them access. Will it impede your access at all? I'd be more inclined to work with them - "of course you can put up the scaffolding but please only access it between x and y" or ask for it to be down by a certain date etc. It's usually worth trying to get on with neighbours, even if they are a supermarket!

missbiggles1

If you're planning to move in the future, don't forget that you have to declare any disputes with neighbours, which can have an adverse effect on the sale.

System

I agree.

The rendering is part of an overall construction project, you cannot take it in isolation to the rest of the work happening to the building/land.

As such it does not fall under the Access to Neighbouring Land Act

paddy's_mum

You are only one of eight 'owners'. Do your neighbours agree with you?

What will happen if seven of the owners give their consent and you are the only one refusing?

You risk creating a dispute that will eat up months or years of your life, damage your health through stress and cost you an arm and a leg in legal fees.

I've been there and done that and in your shoes, I'd be jumping through hoops never to be in such a poisonous, destructive position again.

tonyh66

lovelyhead wrote: »

I am glad you are out as you seem to be unable to offer any relevant advice. A lawyer seems to think I am perfectly within my rights to refuse access. I have written to other lawyers and will be taking a meeting with one soon. We shall see what they have to say.

Perhaps you should take a look at the Access to Neighbouring Land Act 1992

"On an application under this section, the court shall make an access order if, and only if, it is satisfied—

(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and

(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land"

It clearly states preservation. I will leave it up to you whether you think a major renovation project is the same as preservation.

your ignoring clause (b) which would allow them access.

lovelyhead

!!!!!! wrote: »

I agree.

The rendering is part of an overall construction project, you cannot take it in isolation to the rest of the work happening to the building/land.

As such it does not fall under the Access to Neighbouring Land Act

Exactly. I thought that would be obvious, but it seems not.

paddy's_mum wrote: »

You are only one of eight 'owners'. Do your neighbours agree with you?

What will happen if seven of the owners give their consent and you are the only one refusing?

You risk creating a dispute that will eat up months or years of your life, damage your health through stress and cost you an arm and a leg in legal fees.

I've been there and done that and in your shoes, I'd be jumping through hoops never to be in such a poisonous, destructive position again.

These are good questions. It is these sorts of questions that are leading me to seek legal advice. If there is any chance of any financial risk to my family then I will just walk away.

tonyh66 wrote: »

your ignoring clause (b) which would allow them access.

Those are not either or statements. Both have to be met.