Potential breech of planning concern

LottieLou

Sorry to drag this back up but thought I would give an update. Thank you to everyone for their advice.

Planning officer from the council visited (took 3 weeks after I posted). The neighbours have built too near our property. However, on the initial plans by the architect and the 1st planning officer the measurements of the land were incorrect. There was an extra metre on the plans that just does not exist.

So they have built the size of extension that was passed. But the scale was all completely wrong. Planning officer has said it is a council error and thus they can not enforce it to be adjusted (they don't want to be taken to court after all!)

I asked him would the extension as is being built be passed by planning and he very honestly said no, probably not. Out only other options would be to take the council to court but that's not something I want nor are willing to do.

In terms of guttering it has been confirmed it will overhang our airspace. Building control again say nothing we can do as they don't police 'airspace'.

So that's it, we have to put up with it...I just don't know what to do next...i know what the next problem will be though, the scaffolding. Which has no alternative but to come onto our land. But have yet to ask us permission.

Those with nice neighbours, appreciate them. There really is nothing worse than this.

chelseablue

LottieLou wrote: »

Sorry to drag this back up but thought I would give an update. Thank you to everyone for their advice.

Planning officer from the council visited (took 3 weeks after I posted). The neighbours have built too near our property. However, on the initial plans by the architect and the 1st planning officer the measurements of the land were incorrect. There was an extra metre on the plans that just does not exist.

So they have built the size of extension that was passed. But the scale was all completely wrong. Planning officer has said it is a council error and thus they can not enforce it to be adjusted (they don't want to be taken to court after all!)

I asked him would the extension as is being built be passed by planning and he very honestly said no, probably not. Out only other options would be to take the council to court but that's not something I want nor are willing to do.

In terms of guttering it has been confirmed it will overhang our airspace. Building control again say nothing we can do as they don't police 'airspace'.

So that's it, we have to put up with it...I just don't know what to do next...i know what the next problem will be though, the scaffolding. Which has no alternative but to come onto our land. But have yet to ask us permission.

Those with nice neighbours, appreciate them. There really is nothing worse than this.

I would be saying No if they did ask

LottieLou

chelseablue wrote: »

I would be saying No if they did ask

I think we will be doing chelseablue! Unless the conversation is started by an apology. Don't know who I am kidding though, they definitely won't be doing any asking!!

Then I really won't know what to do!

moneyistooshorttomention

I'd also be thinking "Tough luck" to them about any thought of their scaffolding on my land. They could only enforce access to your land for "necessary maintenance work" under the Access to Neighbouring Land Act. This is NOT "necessary maintenance work" - so they just plain wouldnt be able to get a Court order to force me to have their scaffolding on my garden - and it wouldnt be happening.

They wouldnt be getting their guttering overhanging my land either - even if it meant they landed up not actually having any gutters.

They've pulled a fast one all round by the sound of it - and I'd be blowed if I was going to "ease their way" at all in your position.

So - answer to any request from them is to say "No" very firmly and walk inside your house and close the door.

Davesnave

Be very careful about refusing scaffolding.

The alternative is that they build from inside, and while his will inconvenience them, it's possible. The result may not be very neat....and you'll be the one looking at it!

I know this because a vexatious neighbour refused permission for a relative's extended re-build to have any scaffolding on their land.

Four years later, the neighbour was inviting the scaffolding and a proper finish to the wall.

By heck, that wall was ugly!

tberry6686

LottieLou wrote: »

Sorry to drag this back up but thought I would give an update. Thank you to everyone for their advice.

In terms of guttering it has been confirmed it will overhang our airspace. Building control again say nothing we can do as they don't police 'airspace'.

So that's it, we have to put up with it...I just don't know what to do next...i know what the next problem will be though, the scaffolding. Which has no alternative but to come onto our land. But have yet to ask us permission.

Those with nice neighbours, appreciate them. There really is nothing worse than this.

Plenty you can do but it will involve spending a relatively small sum of money. You need an injunction to prevent them from having their roof and gutters over your land. Will it stop the build - probably not but it will force a change in their roofline so it doesn't overhang.