Property Rights

user1977

thegreenone said:

Phone the Planning Office asap.  Take photos and send an email too.

Saying what? Ownership doesn't affect the planning considerations. If the OP has other reasons for objecting (and is within time to do so) then they can of course make them (in writing).

Soot2006

Put up your own fence and gate on the boundary. Give them a key for the gate to honour their ROW.  Ask around on your local Fb group and get it done quickly and then you have a nice boundary on your land right by your patio and you can attach lights, plants, etc and only remember your neighbors exist when they come through the gate.

thegreenone

user1977 said:

thegreenone said:

Phone the Planning Office asap.  Take photos and send an email too.

Saying what? Ownership doesn't affect the planning considerations. If the OP has other reasons for objecting (and is within time to do so) then they can of course make them (in writing).

Surely if full Planning Permission was sought by the next door neighbours for the new conservatory, the OP should have received notice, particularly as it affects their property with the ROW?  The basic plans that Anglian have submitted don't even show the OPs house and the infringement.

user1977

thegreenone said:

user1977 said:

thegreenone said:

Phone the Planning Office asap.  Take photos and send an email too.

Saying what? Ownership doesn't affect the planning considerations. If the OP has other reasons for objecting (and is within time to do so) then they can of course make them (in writing).

Surely if full Planning Permission was sought by the next door neighbours for the new conservatory, the OP should have received notice, particularly as it affects their property with the ROW?  The basic plans that Anglian have submitted don't even show the OPs house and the infringement.

The OP hasn't said that they weren't notified of the application (and re-reading the thread, it seems that the application has already been determined anyway, so it's a bit late to object).

KEMYST

The advice I have received has been invaluable -thank you . We will indeed seek the advice of solicitor and the planning department. Just two last questions, please!
(a) The plans submitted by Anglian show a door opening outwards - but onto `nothing`. The plan is `blank` where our patio should be....is this an `omission` Was there an obligation that Anglian should have shown the patio and ROW on the plan?? The patio is just 9ft wide (That`s all the land we have at the rear and side of the house) and this indicates how intrusive is the ROW .
Question (b) There is a boundary wall running along the length of the two gardens. This wall is about 3ft high. Our patio is thus 3ft below their garden. They have erected a 6`.6" in fence on top of the wall. Thus from their side, the fence top is 6.6 from the bottom - but from our side it is about 8` 6". When they considered the erection of the fence, surely they should have taken the height of the wall into consideration since the height restriction must surely be for the benefit of other parties? We feel (we are both OAP`s) that if we don`t stop this bullying now, the neighbours will continue to intrude and take advantage of us> As always thanks for any help.

Norman_Castle

Ask the planning office about the fence height. If their ground level is 3 feet higher than yours how do they intend to access this door? Presumably it will very rarely be used so why the need to open it outwards? Show the plans to your neighbours and explain you are not allowing them to have a door opening onto your land. If it is fitted this way you will obstruct it from opening forcing them to have it replaced to one opening internally.

Reiterate the row does not allow them to have a door opening onto your land.

I would also put a sign in your garden directly in front of where the door is intended to go explaining you are not allowing the door to open that way. Hopefully the installers will take instruction from you, recognise they may be involved in later rectification work and explain the legalities to your neighbour. It will also remove the option for the installers to claim they didn't know.

Mojisola

Isn't it better to live with the high fence and be completely screened from the neighbours?  
If they get upset about you insisting that their door opens inwards and having to reduce the fence height, they could be an intimidating nuisance every time you go out into your garden. 

HampshireH

Is it so excessive that they need planning permission? Many conservatories are under permitted development .

If they were doing it under planning application for permission the OP would have been notified a d should have raised an objection.

OP give Anglian a call. Explain you do not permit a door opening up and follow it up in writing. Cite your deeds.

Have you actually spoken to your neighbours about it? I'd probably start there and take a copy of your deeds highlighted for their convenience. 

thegreenone

user1977 said:

thegreenone said:

user1977 said:

thegreenone said:

Phone the Planning Office asap.  Take photos and send an email too.

Saying what? Ownership doesn't affect the planning considerations. If the OP has other reasons for objecting (and is within time to do so) then they can of course make them (in writing).

Surely if full Planning Permission was sought by the next door neighbours for the new conservatory, the OP should have received notice, particularly as it affects their property with the ROW?  The basic plans that Anglian have submitted don't even show the OPs house and the infringement.

The OP hasn't said that they weren't notified of the application (and re-reading the thread, it seems that the application has already been determined anyway, so it's a bit late to object).

It's not too late to contact the council if they and Anglian haven't followed procedure.  OP states that they had to look it up themselves on the Council website which does seem to suggested that full PP wasn't applied for, just BR which would be normal for a conservatory but clearly the council have just taken Anglian's word for it and not considered the OP's property.  If it was full PP, an inspector should have visited.