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Legal Advice - where to go?

I posted on here some time ago about my neighbours extension.


Long story short:
Neighbour applied for planning permission for very large extension using plans that included some of our garden. We commented showing actual border position and our other concerns.
Planning when to panel where council planner stated various things in his report that were untrue, including saying it would be at the closest to border, 4m (when it's about 1m).
We complained to council using their complaints procedure which they didn't follow up. So we escalated complaint.
Head of planning came to look at neighbour's site and came to us to apologise and stated that they had in fact made an error in this case and what could the council do to rectify situation. We said effectively block out extension with raised hedge. He agreed to arrange. That was back in May/June.
Since then the neighbour has added windows to the build that were not on original plans; which head of planning has stated in writing does not comply with plans agreed. Made various other changes, which thus far have not been challenged. We still have no raised hedge.


It has been extremely stressful affecting ALL my family (frightening my children when a builder trespassed into my garden to retrieve a breezeblock that had fallen from their 2nd floor scaffold as at that point there was no netting - another call to the H&S exec this time) and seriously affecting my husband's health.


Anyway, we're now worried that the hedge will not be forthcoming and that we would like proper legal advice about all the goings on as we are completely disappointed by the whole planning debacle. Is there anything that can a) be done and b) how do we go about getting legal advice? We're not well off and a quick google seems to show that the only free sessions in Norwich happen when I and my husband are at work.


Advice really gratefully received,


Harranged in Norwich

Learn from the mistakes of others - you won't live long enough to make them all yourself.

Comments

  • House insurance?

    A phone call to citizens advice who will advise writing them a letter of complaint giving them chance to rectify!
  • Furts
    Furts Posts: 4,474 Forumite
    edited 21 November 2016 at 7:46AM
    It is almost pointless going after the council- you will get nowhere, except endless attempts to confuse you and tie you up in knots. Ultimately if you won here a council has no money and no mechanism to award you any redress.

    As for action against the neighbour you first have to get your ducks in line.

    Consider the builder coming into your garden. If you had a secure garden the builder would not have entered. Whilst the situation is unsatisfactory accidents happen, so common sense says stay well away from the scaffolding. Netting is wise, but frequently not done, and exactly where was the scaffold located? You say "another call to HSE" but be realistic here - do you really think they have the resources to receive calls which could be deemed bad neighbour disputes?

    You cannot take legal action against something which is yet to be done - namely the hedge.

    All in, I think you need to step back and take an unemotional view of matters. Establish if Buildings Regulations were granted, then if a Completion Certificate has been granted. If the work is incomplete so will be the hedge.

    If the hedge breaches a timeline set by the Planners that is a different situation.

    If the windows do not have Planning, and require them, that is also a different situation.

    Ultimately legal action against any neighbour should be avoided - life is too short, and why seek hassle, expense, and cause problems when you come to sell your home, or they sell theirs (you do want them to sell up and move on, I assume, so why make matters difficult for them?)
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