Best Way To Object A Planning Application? Hes At It AGAIN!! UPDATED 19/06

Debt_Free_Chick

divadee wrote: »

sorry if i have upset you but when i get permission building work will start straight away, and some of your fence panels will need to be removed to make access to build the back of the property and will be put back as soon as possible.

He also said that the builders may have to step onto my land at some point when the work is going on. I assume this is what he came round about the other day.

Thank you very much for your letter - we appreciate you letting us know about your plans.

You will no doubt be aware of the requirements of the Party Wall Act 1996 and, as you know, you will be required to submit a formal notice to us, under the Act, at least two months before the work begins and await our formal response.

Much love - good luck with the Planners

Mr & Mrs Divadee



Divadee - read this regarding your rights and his obligations under the PWA

seven-day-weekend

And the answer is yes, you can stop him coming onto your land.

Debt_Free_Chick

seven-day-weekend wrote: »

And the answer is yes, you can stop him coming onto your land.

You don't think that the likely outcome of the dispute resolution procedure under the PWA is likely to allow access?

soappie

I'm 99% certain the party wall act does not apply here.

The new building isn't going to be built up to the boundary which is marked by a fence only (both sides of the fence are purely garden - theres in no building there) - there's a gap there of at least a couple of feet (I've seen the plans).

Therefore you can tell him to go take a hike. The problem of building the back wall is his, not yours and you will under no account give him permission to remove your fence panels. Tell him, if he does, you'll call the police and have him had up for trespass/criminal damage.

Catblue

Diva,

The reason that he's been resorting to dirty tricks is because he knows that he has a powerful adversary in you. I'd take it as a compliment!

Sounds like he hasn't got a hope of getting planning permission, anyway. He's a cheeky blighter anyway, telling you what is going to happen to your property and to your land? Not even asking nicely? He deserves all that is coming his way.

IF he does get planning permission, he still has no right to come on to your land, nor to ask you to remove the fence panels.

The Access to Neighbouring Land Act is useless to him as this only covers maintenance to existing buildings and cannot be used for a new build.

If the PWA does not apply in this case, then his only means of gaining access is through negotiation with you and of course you don't have to allow him any access at all.

If he has no land that he can use in order to build his house, then that should be telling him something. :rolleyes:

It is probably best to do nothing in the meantime, but be prepared to act quickly in the event that he does get planning permission. You may need to put up a locked gate (or two) quickly on your property to keep the builders out.

Why does he need to take out your fence panels, anyway? Only to access your land, surely. If he does get permission, then make sure that the panels are very difficult to remove.

I would probably mention to the planning office that he has admittted in the note to you that he does not have enough of his own land in order to carry out the build of this house!

I know it is difficult, but keep contact to a minimum with him and try to be civil - you do not want this to become a neighbour dispute, as you will have to declare this when you sell your house.

Good luck!

divadee

thanks catblue, soappie, 7 day and chick.


mr divadee did say that if he asks again, just say yes at a charge of £1k an hour, and stand out there with a stopwatch whilst they are on our land :rotfl:

i said what about removing a fence panel, he said everytime one was removed he would charge £500

i dont think we would get away with the above, but it would be fantastic it it did work :rotfl:

could go on our hols :rotfl:

i will keep it civil with him, as i defo dont want to get in a neighbour dispute. But like others have said if he needs my land surely that must tell him something. :rolleyes:

Orson

I've just spent the last however long reading all 100+ posts in this thread, and although I'm sorry to say I have nothing of real help to add, I just can't help commenting.

I've been trawling these boards anonymously for a couple of years now, looking for a tip or two in the hope that I might make my hard earned stretch a little further, but I finally registered yesterday, and today I spotted this thread.

I'd like to congratulate all the contributors to this thread who have come together to help a fellow forumite, and for the time and effort that some of you have obviously put in. This is the type of action that really helps restore my faith in my fellow man (or woman )


Divadee, whatever you do, don't let this neighbour of yours get you down. It seems he's quite obviously losing his fight, and he's realising it, and he's just trying anything to get this through, even if it means lying & misleading people. He sounds like a dodgy salesman.
Make sure you keep it purely 'business' with him, if you see him to talk to, make sure you let him know it's nothing personal, you just don't want to spoil your quality of life, which you believe this development will do.

Good luck :T

olly300

i will keep it civil with him, as i defo dont want to get in a neighbour dispute. But like others have said if he needs my land surely that must tell him something. :rolleyes:

Divadee the gardenlaw website http://www.gardenlaw.co.uk has lots of information on boundaries and accessing neighbours lands. (Look on the boundaries board, or join and post a thread)

It is probably best to do nothing in the meantime, but be prepared to act quickly in the event that he does get planning permission. You may need to put up a locked gate (or two) quickly on your property to keep the builders out.

Personally if I had a dog I would make sure it has a home it likes in the garden especially if it didn't like strangers- A dog barking at you while you were trying to sneakily remove your neighbour's fence locks would make it sound like there was burglarly going on.

BTW one of my neighbour's dog's is suppose to live in the garden. It only goes in there when it encounters strangers and barks continually.

harryhound

divadee wrote: »

t

could go on our hols :rotfl:

. :rolleyes:

I would not risk leaving your home empty while the building was going on.

Perhaps Christchurch is inhabited by gentlemen builders but I doubt it; more likely to be East Europeans with some very arrogant gaffer.
They will be on the overdraft and penalty clause rack and will be trying to throw up the new building (before the house prices fall further ?!).

You might have all sorts of rights in theory, but when a big yellow JCB knocks down your fence, what do you propose to do? Spend lots of money with solicitors and courts? You won't even know who is responsible because it will be a case of subcontractor of subcontractor, a driver who does not speak English working for a company registered in Ireland ?

I speak with a certain experience having spent 18 months having to access my home through a construction site. It won't automatically be a problem, but you already have the reputation as "her the problem next door who is trying to hold up progress". You need a very advanced sense of humour to stop "letting the b******s get you down" as some MP once said.
(The council may put a condition on working hours BUT do you expect the officers of the council will be there to do anything about it at say 6 AM).

There is a web site called "gardenlaw"; where you are likely to find similar horror stories and advice.

Good luck,

Harry.

PS If planning permission is granted, the law has spoken, you have lost and you need to change tack very quickly. See if there is any way you can assist the build to minimise the disruption and maximise the speed of construction. Make sure any undertaking the construction company might offer is in writing and the compensation offered for (say) access to your land is in escrow.
"No problems only opportunities?"

.

divadee

just a quick update, planning have received about 16 letters of objection :T


i spoke to the planning officer again this morning, to see if she had received our petition which she has. Whilst on the phone, she said her recommendation is almost complete should be finalised the end of this week, but she did say off the record that we are not going to be dissapointed :j

I am so happy today, I know it will hit me tomorrow when i think about the dreaded appeal :rolleyes: but for today I am so happy, happy, happy

:j :j :j :j :j :j :j :j :j :j :j :j :j :j