Boundary dispute raised after planning application made

Slithery

Indeed.

It would be perfectly legal for me to apply and receive permission to build a monstrous new block of flats on G_M's land if I wanted to spend the money and the local policy was amenable. It doesn't mean I'm then legally allowed to go and build them

Ownership of land has no bearing at all on planning permission.

G_M

Slithery wrote: »

Indeed.

It would be perfectly legal for me to apply and receive permission to build a monstrous new block of flats on G_M's land if I wanted to spend the money and the local policy was amenable. It doesn't mean I'm then legally allowed to go and build them

Ownership of land has no bearing at all on planning permission.

As long as you pay me enough........ no problem!

anselld

Whilst it is true that ownership is not a planning consideration, it is none the less necessary for the relevant notices to be served on all legal owners. So the planners could invalidate an application if they think that has not been done correctly at the application stage.

Davesnave

anselld wrote: »

So the planners could invalidate an application if they think that has not been done correctly at the application stage.

A member of my family had this happen. I'm not going into detail, because I've done so on several previous occasions, but suffice to say that although the council handled things badly from the off, the extension was built because there was no substance in the claim.


If the claim is vexatious, inform the planning dept. They will possibly visit the site and/or view documentation and take a view on it. In many instances, the boundary situation will be seen as well-established and Land Registry title plans/ OS Mapping will support.

OTOH, in these cash-strapped times, the council's officers may decide that as ownership isn't a planning matter, they shouldn't concern themselves in it. That's the logical view.

Davesnave

Slithery wrote: »

If you're planning on building that close to the boundary, how are the brickies going to point the exterior of the new wall and how are you going to get down the gap for maintanence?

Will your guttering/facia/tiles etc overhang the neighbours property?

Valid questions.

In the case referred to above, we were able to ensure no overhanging but not a neat and tidy finish. Whose problem was that? Mainly the persons next door, who then complained that they had an ugly breeze block wall to look at every day!

Nothing the council could do, except to refuse to sign the extension off. It was nothing my relative cared about much, as he was going to live there for a very long time.

After 4 years had passed, the neighbours realised the work had genuinely been carried-out to provide a family home, not to make a quick profit. Aknowledging they were the only losers in all this, they invited finishing to take place, including allowing scaffolding. The property was then finished and signed-off.

DebzHyden

"If the claim is vexatious, inform the planning dept. They will possibly visit the site and/or view documentation and take a view on it. In many instances, the boundary situation will be seen as well-established and Land Registry title plans/ OS Mapping will support".

Thank you Davesnave. In fact it was the planning officer who actually gave my architect the 'heads up' that a boundary issue had been raised and from my understanding his other objections are somewhat spurious - i.e., my architect has said that he's trying to be a bit too smart. This officer is calling out tomorrow to do a site inspection - so fingers crossed they'll support me in this.
I should add that there is a drop of approximately one foot from my property to his and that about 15 years ago he allowed me to build a retaining wall on his side as I was concerned that my driveway would collapse and he never mentioned any boundary issues then.

DebzHyden

The gap from the new wall to the current fence is about 30mm, but there is sufficient space beyond that alongside the neighbours garage for building access.

DebzHyden

Slithery wrote: »

If you're planning on building that close to the boundary, how are the brickies going to point the exterior of the new wall and how are you going to get down the gap for maintanence?

There is a wide enough gap between the proposed extnsion and th neighbours garage for th work to be done.

Will your guttering/facia/tiles etc overhang the neighbours property?

No - the plans my architect has drawn clearly show that everythig is on my side.

martindow

Have you read the letter from your neighbour on the planning site as was suggested above? Around here there is a planning stipulation which wants any extensions not to be closer than a metre from the boundary. Maybe something similar is behind their objection.

aliby21

DebzHyden wrote: »

The gap from the new wall to the current fence is about 30mm, but there is sufficient space beyond that alongside the neighbours garage for building access.

So you own the land between the fence and your neighbours' garage? Has confusion arisen here, do your neighbours think this is their land? Is this the the dispute over the boundary?