Stopping a supermarket from erecting scafolding on my land

lovelyhead

southcoastrgi wrote: »

No I'm just not blinded to what is going to happen, they have planning permission you aren't going to change that, they will give you access to empty your bins, their insurance will cover damage to your house, enjoy your time with your family & forget all this which is only going to effect your state of mind because the developers or council don't give a rats *rse & the only people that are going to suffer are you & your family

How can they give me access to empty my bins when the scaffolding will stop me from taking the bins to the front of the house?

System

lovelyhead wrote: »

A lot of people here that seem happy to give up at the first hurdle.

Your first hurdle was the planning permission - clearly there is no valid planning consideration for this development not to happen, otherwise it would have been against the local plan and not approved for development.
They have gained an approval to develop the site using the statutory systems set up in this country - a huge leap over the first hurdle!

lovelyhead wrote: »

I don't hate the supermarket. It doesn't consume my every thought. All I want to do is to protect my interests. We have paid lots of money to be owners of this land. That gives us rights. If we can reasonably stop others from infringing on our rights then it would be stupid not to.

Is protecting your interests spending a couple of K to give a minor bit of hassle to a huge company for a tiny bit of time?
You have paid lots of money for your house - presumably the developer has paid lots of money for their land and looking to protect their interests too?
How exactly are they infringing on your rights?! They have followed due process to date and you have not been able to stop it. What you are trying to do is stop a minor inconvenience for a short time to make a point!

lovelyhead wrote: »

My wife agrees that it would not hurt to seek legal advice over the matter.

A right bunch of pushovers on this website.

Trying to give you sensible advice on a matter where you are not going to achieve your goal of blocking a development, costing you time, hassle and money - pushovers right enough...

fight a good fight :money:

System

lovelyhead wrote: »

How can they give me access to empty my bins when the scaffolding will stop me from taking the bins to the front of the house?

Interesting - so now you know the precise layout of the scaffold on the site?! Maybe you should wait and see what they propose - if anything - on the land you share with your neighbours, it's pretty normal for scaffolding to be adjusted to the needs/requirements on individual sites to allow/maintain access points... but then again I'm just a pushover

phil24_7

The supermarket WILL find a way around whatever you throw at them and they will spend a create deal less (as a percentage) of their earnings on doing so than you will spend on the whole process. If you don't give them access they can still do it from scaffolding it'll just be thinner than normal and will carry a little extra burden for the developers, or they may end up cladding it in some awful metal sheeting.

If you allow them to use your land they have all manner of special gantry's etc so that access for you and the other owners wont be blocked at all.

This is not a battle you can win but it is one you can help mould to suit you a bit better.

They will already have restrictive hours, noise procedures, vehicle movement clauses on the planning I suspect but you may be able to get them to do some works for you (tree planing to mitigate the building or rendering your wall, that sort of thing) if you are willing to engage and help them.

lovelyhead

the_r_sole wrote: »

Your first hurdle was the planning permission - clearly there is no valid planning consideration for this development not to happen, otherwise it would have been against the local plan and not approved for development.
They have gained an approval to develop the site using the statutory systems set up in this country - a huge leap over the first hurdle!

I accept they have every right now to build their supermarket. Having planning permission to do that does not give them permission to use our land in order to build it. Many people have gained planning permission to build extensions to their homes but have come unstuck when a neighbor has stopped them from erecting scaffolding on their land.

the_r_sole wrote: »

Is protecting your interests spending a couple of K to give a minor bit of hassle to a huge company for a tiny bit of time?
You have paid lots of money for your house - presumably the developer has paid lots of money for their land and looking to protect their interests too?
How exactly are they infringing on your rights?! They have followed due process to date and you have not been able to stop it. What you are trying to do is stop a minor inconvenience for a short time to make a point!

Look at it from another angle. It may be worthwhile for the multi billion pound corporation to simply give the annoying neighbors a measly few thousand to get a shop finished properly that can earn them many millions.

the_r_sole wrote: »

Trying to give you sensible advice on a matter where you are not going to achieve your goal of blocking a development, costing you time, hassle and money - pushovers right enough...

fight a good fight :money:

A lawyer has already indicated that I would be perfectly within my rights to stop them from accessing my land. Pardon me if I discount your opinion.

lovelyhead

the_r_sole wrote: »

Interesting - so now you know the precise layout of the scaffold on the site?! Maybe you should wait and see what they propose - if anything - on the land you share with your neighbours, it's pretty normal for scaffolding to be adjusted to the needs/requirements on individual sites to allow/maintain access points... but then again I'm just a pushover

It is a very narrow path between the buildings. The supermarket is very tall, about twice as tall as a normal two story house. Scaffolding will be required and it will block our access.. Take my word for it.

lovelyhead

phil24_7 wrote: »

The supermarket WILL find a way around whatever you throw at them and they will spend a create deal less (as a percentage) of their earnings on doing so than you will spend on the whole process. If you don't give them access they can still do it from scaffolding it'll just be thinner than normal and will carry a little extra burden for the developers, or they may end up cladding it in some awful metal sheeting.

If you allow them to use your land they have all manner of special gantry's etc so that access for you and the other owners wont be blocked at all.

This is not a battle you can win but it is one you can help mould to suit you a bit better.

They will already have restrictive hours, noise procedures, vehicle movement clauses on the planning I suspect but you may be able to get them to do some works for you (tree planing to mitigate the building or rendering your wall, that sort of thing) if you are willing to engage and help them.

There is a space of about 50cm between the side of the supermarket and the boundary wall. I have never seen scaffolding as skinny as that before.

They have already been instructed to build large noise isolating fences on the boundry. They will offer us nothing more unless we kick up a stink.

Grenage

Of course a solicitor has said that you're within your rights to contest or complain - you'll have to pay him for his services. You can contest or complain about anything - it doesn't mean you'll get anywhere.

Best-case scenario, they maintain the property from their side, and it doesn't look brilliant. No skin off their nose.

Worst-case scenario, they put the scaffolding up and get all the work done before you can even raise a dispute - if it's your land.

Every-case scenario, you waste your time and achieve nothing. Forum members may or may not get a giggle from of the result, depending on whether or not you post the outcome.

Dan-Dan

Might they just not bother with rendering the side of the building at all? whatever the plans may stipulate

Money talks in this world

How do you win, in this event?

System

lovelyhead wrote: »

I accept they have every right now to build their supermarket. Having planning permission to do that does not give them permission to use our land in order to build it. Many people have gained planning permission to build extensions to their homes but have come unstuck when a neighbor has stopped them from erecting scaffolding on their land.

Try and find a similar situation with a large commercial building/contractor -they don't need access to your land like you think, they won't come "unstuck"

lovelyhead wrote: »

Look at it from another angle. It may be worthwhile for the multi billion pound corporation to simply give the annoying neighbors a measly few thousand to get a shop finished properly that can earn them many millions.

not if they can find another way to do it and not pay out to the noisy nimbys, they are likely to give that "measly few thousand" to a contractor that can build the building without being hindered by neighbours demands.
Also your sums seem a bit off - how much are you expecting them to pay if you own an 8th share in the land?

lovelyhead wrote: »

A lawyer has already indicated that I would be perfectly within my rights to stop them from accessing my land. Pardon me if I discount your opinion.

I have never queried that - you have every right to do that, it's just not going to achieve what you think it is! there are ways around building in restricted sites, especially for a supermarket employing a large contractor - you're throwing money at nothing, you need to understand the reality of your situation