Potential breech of planning concern

AdrianC

melstar11 wrote: »

Btw - trespass is a civil matter. You can be sued, but I doubt the police would be bothered.

Especially given that knocking on somebody's door with a legitimate reason isn't trespass.

LottieLou

AdrianC wrote: »

Especially given that knocking on somebody's door with a legitimate reason isn't trespass.

Exactly AdrianC - had she not answered the door we would have left immediately. Really, she is trespassing into our land she didn't ask could she dig up.

After speaking to the council, an enforcement officer has been allocated this morning. How long it will take them to visit God only knows I'm hoping it's this week, is that daft to hope? They also said there will be no more contact with us which doesn't help my anxiety.

I will look into how to contact building control. Thanks for the replies

martindow

Have you spoken to a party wall surveyor? This site has a lot of info

http://www.partywalls.org.uk/

teneighty

You need to escalate this very quickly with a solicitor's or party wall surveyor's letter instructing them to stop work until the necessary party wall notices are served threaten court injunction if required. If you let it drag on until the wall is finished it will probably too late to take action.

Council planning department and building control probably will not be interested as this is a civil matter.

LottieLou

teneighty wrote: »

You need to escalate this very quickly with a solicitor's or party wall surveyor's letter instructing them to stop work until the necessary party wall notices are served threaten court injunction if required. If you let it drag on until the wall is finished it will probably too late to take action.

Council planning department and building control probably will not be interested as this is a civil matter.

Thanks for your advice. I really don't know what to do, last thing I want is to leave us out of pocket with expensive solicitors letters a court injunction sounds very scary. Last thing I want to do is ending up in court.

Have they broken the law for not serving us a party wall notice? I am hoping the planning enforcement officer makes them adhere to the passed plans, then I am willing to forget the rest. Quickly learning this many be my naivety all over again.

usefulmale

LottieLou wrote: »

Thanks for your advice. I really don't know what to do, last thing I want is to leave us out of pocket with expensive solicitors letters a court injunction sounds very scary. Last thing I want to do is ending up in court.

Have they broken the law for not serving us a party wall notice? I am hoping the planning enforcement officer makes them adhere to the passed plans, then I am willing to forget the rest. Quickly learning this many be my naivety all over again.

You will need to decide which is more important. Someone trying to steal your land or some expense laid out. You need to shell out to defend your property and rights. Nobody else is going to do that for you.

Person_one

LottieLou wrote: »

Thanks for your advice. I really don't know what to do, last thing I want is to leave us out of pocket with expensive solicitors letters a court injunction sounds very scary. Last thing I want to do is ending up in court.

That's how people who behave like this get away with it. Most normal people dread this kind of thing happening and the last thing we want is conflict, expense and hassle!

I think the first thing you need to do is write to them (today) telling them that you have contacted the council enforcement team and that they need to stop work for now.

AndyBSG

teneighty wrote: »

You need to escalate this very quickly with a solicitor's or party wall surveyor's letter instructing them to stop work until the necessary party wall notices are served threaten court injunction if required. If you let it drag on until the wall is finished it will probably too late to take action.

This.

If they complete the work before you can take action then the Party Wall Act becomes completely irrelevant.

Get on to building control and make sure they are aware that this is a time critical issue

Hoploz

Get on the phone to this planning enforcement officer today and get an update of when they are going to visit, tell them progress is being made. Enforcement ought to be giving them a notice to stop works straightaway until it is sorted out.

Plus the party wall/building control issue. Keep phoning and asking for updates, and each time if they have not stopped work you must make sure both council departments are told this.

Frankly, if you let things go and they build it all the way up and get the roof on, Planning will probably say they will not Enforce, only that they may make them apply for retrospective permission - which they will probably then approve.

eddddy

teneighty wrote: »

Council planning department and building control probably will not be interested...

I tend to agree with this.

In your first post, you said the extension is just 0.5m from where it should be. I doubt the planning authority would take enforcement action over that.

As others say, you need to contact party wall surveyors/solicitors.

Also, if the eaves/guttering will eventually overhang your property, talk to a solicitor about trespass. (You can also ask about trespass in relation to the foundations, if they are on your property.)