Query about New Build Driveway …

MeteredOut

Section62 said:

MeteredOut said:

Deetyler14 said:

Have since found this which I can’t make fathom of 

It would be good to see a version of this with a readable legend and one we could zoom in on. For example, i think the hashed/green line between your drive and plot 212 states "retaining wall" in the legend, but interestingly may look like it should be on your neighbours land, not taking up part of your drive. ie. its on "their" side of the line on the drawing.

I wouldn't read too much into this - the plan is diagramatic and it may be the positioning of the line representing the retaining wall is intended only to indicate the neighbour's side is lower than the OP's.

Perhaps, but could still be used by the OP as leverage

But, if they're happy with the extra tarmac, that might be a result. I'd want to make sure it was a seamless integration with the existing drive (including drainage) and that there's no issue with any car parking there with regards to the pavement, service strip, drop kerb etc (as discussed up-thread).

Deetyler14

I thought the same too … will download it on my laptop when I’m home and show you. I have accepted what’s been offered so far but as it’s not due to be done until the new year, gives me time to look further into it 

Section62

MeteredOut said:

Section62 said:

MeteredOut said:

Deetyler14 said:

Have since found this which I can’t make fathom of 

It would be good to see a version of this with a readable legend and one we could zoom in on. For example, i think the hashed/green line between your drive and plot 212 states "retaining wall" in the legend, but interestingly may look like it should be on your neighbours land, not taking up part of your drive. ie. its on "their" side of the line on the drawing.

I wouldn't read too much into this - the plan is diagramatic and it may be the positioning of the line representing the retaining wall is intended only to indicate the neighbour's side is lower than the OP's.

Perhaps, but could still be used by the OP as leverage

I would be cautious about doing that.

The OP has got the developer to agree to make some changes (which legally they probably don't need to do) on a goodwill basis.

Opening a new line of attack may cause that goodwill to evaporate.  Complaining about the wall being in the 'wrong' place amounts to a dispute about where the boundary should be, which is an entirely different scale of problem for the developer to sort out, compared to laying a few extra slabs or a bit of blacktop.  It may give the developer the impression the OP will be coming back with further challenges after the goodwill alterations have been made.

In any event, as 'leverage' the plan is not very good.  The developer has taken care to annotate it with "ALL ITEMS ARE INDICATIVE ONLY AND MAY BE SUBJECT TO CHANGE ON SITE".  They say that for a reason.  If, ultimately, this ends up in court a judge may well ask the OP's solicitor which part of "indicative only" their client didn't understand.  A claim based on that plan only is almost certainly doomed to fail.

If something is in dispute it is important to keep sight of the end goal.  Ask "What am I trying to achieve here?".  Opening a whole new can of worms (i.e has the wall been built in the wrong place) won't necessarily help achieve the objective of ending up with a parking area wide enough to get two cars parked on it.

That said, I would want clarity on who owns and is responsible for the retaining wall, if that isn't already set out in the documents the OP has.

Deetyler14

Don’t know if this helps but few photos to show dropped kerb and wall 

Grumpy_chap

Do those latest photos show the extended drive?
It looks like a double drive to me - you have the car parked to the left of the garage and the clear space in front of the garage.
The builders seem to have done a good job blending the extended tarmac - did they skim the whole drive with top coat?
Seems like a quick and good outcome.

Alderbank

   

Tarmac looks exactly the same to me.

Deetyler14

No this is how it stands as it is, not been extended yet. Just trying to show where the wall is - not sure why it’s not all the way down and also where the dropped kerb is