Neighbour disputes

FlorayG

OP you do know that if something comes under planning laws it doesn't matter if it's out of sight or not? If your log store requires planning then it requires planning, whether or not your neighbour has revealed it to the world or has complained to the planning office about it just to get back at you over something unconnected

ThisIsWeird

fixt said:

Thanks for that - it's encouraging (the hedge is actually joint owned)  but yes we are further along now and don't have LP but if we could take action legal ourselves on it with a high chance of success then we might. BUT is it too late?

I have no idea, sorry. But if the hedge was jointly owned, then I suspect it would make your case weaker.

If the hedge was wholly yours - growing from your side of the boundary line - then for them to have cut it down would have been something like, 'trespass with criminal property damage', usually pretty much an open and shut case, but even then they'd need to have met other criteria to be actionable; things like, did they know it was yours? (possibly questionable), did they know their action would cause harm (well duh!), and things like that.

The only way you'd know would be to engage a solicitor for, perhaps, a free consultation. I have to say, tho', I think that bird has flown.

What's left now are a couple of issues - one concerning your log store. How far has this got? Has Planning been out to see? What is the actual issue - it's too big, or that it can be seen? For the latter, then surely you have mitigation?

And the other issue is your neighbour's raised garden and patio. Again, what is the actual issue here? That you can see them? If so, put up a fence. Is it that the garden height has been raised, thereby compromising your privacy? Hmm, in that case there may be a legit complaint if, say, it's gone up by more than 300mm?

But, please choose your battles wisely. Be ready to shrug some off.

Dustyevsky

fixt said:

Dustyevsky said:

Elliott.T123 said:

elsien said:

Now wondering how big this log store actually is?

This, I pictured a fairly small "hut" type store, open one side with a roof. I cant imagine that would fall under PP, 99% of Shed's don't so this must be something special!

A log store will be treated like a shed if it is in front of the building line. Of course, I don't know if it is or isn't in this case.

Sheds aren't normally allowed as part of the street scene in most urban environments, but there are exceptions.

Out in the country, where I am, no one bothers much. Our neighbour has a log shed in full view. I don't feel aggrieved; they have to look at our oil tank!

This log store has been in place for 2 years and nobody minded. Their complaint comes as a tit-for-tat response to our complaint about their landscaping.

And has the complaint been upheld because the store is in front of the building line of your house, or because the size  contravenes planning rules? If other considerations like by-laws, conservation area status and similar are not applicable, then it has to be on one of the two, or both. Councils can't make up rules because someone is visually offended; they must supply valid grounds for enforcement based on existing regulations.

pinkshoes

So in short, a hedge, that you have now said was shared, was cut down by a neighbour which you complained about and deemed it unlawful.

They are now having landscape gardening done which you have decided is distressing you and complained to the council, and in return they complained about your log store which might actually need planning permission.

Can you not see the pettiness of this entire saga? How much money has been wasted so far on this?

What specifically is the problem with the work they are having done on their garden? If they've raised the height and you are now over-looked due to no hedge, then just put a fence up on your boundary. Problem solved.

Sorry, but you are making an absolute mountain out of a molehill here. 

I think an olive branch, tea and cake (humble pie??)  would be the best course of action. 

John_the_Boy

If you don't get planning permission, just stack the logs on pallets against the garage and cover the top with something to keep the rain off.

fixt

user1977 said:

fixt said:

sheramber said:

What landscaping are they doing and how is it impacting you.

Withlut knowing that no one can advise you.

They have moved ground and raised their garden in a way that now overlooks us - with no hedge all is exposed.

And do you think they’re not allowed to?

The landscaping here is a massive moving of land (soil) from lower in their sloping garden to a high point which now make half of their garden a level terrace. This terrace stands way above the level of our land. The council, based on pictures I took, have said it seems to breach their rules and have now told them to get retrospective PP. This gives me further opportunity to complain.

ThisIsWeird

fixt said:

The landscaping here is a massive moving of land (soil) from lower in their sloping garden to a high point which now make half of their garden a level terrace. This terrace stands way above the level of our land. The council, based on pictures I took, have said it seems to breach their rules and have now told them to get retrospective PP. This gives me further opportunity to complain.

Have you complained about being overlooked as a result? If there is no complaint, then the LA will more likely shrug their shoulders and say it's fine.

But, don't make a complaint if it ain't legit.

I'll ask again - what is the actual issue here? How far have they raised the ground level? How are they retaining that soil from coming over to your side?

EssexHebridean

Hi OP - you mentioned earlier that the neighbours had complained "by proxy" about your log store - what did you mean by that? Was it another neighbour who made that particular complaint, and you suspect that the problematic neighbours egged them on to do so? 

user1977

fixt said:

user1977 said:

fixt said:

sheramber said:

What landscaping are they doing and how is it impacting you.

Withlut knowing that no one can advise you.

They have moved ground and raised their garden in a way that now overlooks us - with no hedge all is exposed.

And do you think they’re not allowed to?

The landscaping here is a massive moving of land (soil) from lower in their sloping garden to a high point which now make half of their garden a level terrace. This terrace stands way above the level of our land. The council, based on pictures I took, have said it seems to breach their rules and have now told them to get retrospective PP. This gives me further opportunity to complain.

Not sure what you mean by "further opportunity to complain"? It's up to the council whether to pursue enforcement action for lack of planning against your neighbour (and/or against you for your own alleged lack of planning). What other grounds do you think you have for complaint?

fixt

user1977 said:

fixt said:

user1977 said:

fixt said:

sheramber said:

What landscaping are they doing and how is it impacting you.

Withlut knowing that no one can advise you.

They have moved ground and raised their garden in a way that now overlooks us - with no hedge all is exposed.

And do you think they’re not allowed to?

The landscaping here is a massive moving of land (soil) from lower in their sloping garden to a high point which now make half of their garden a level terrace. This terrace stands way above the level of our land. The council, based on pictures I took, have said it seems to breach their rules and have now told them to get retrospective PP. This gives me further opportunity to complain.

Not sure what you mean by "further opportunity to complain"? It's up to the council whether to pursue enforcement action for lack of planning against your neighbour (and/or against you for your own alleged lack of planning). What other grounds do you think you have for complaint?

user1977 said:

fixt said:

user1977 said:

fixt said:

sheramber said:

What landscaping are they doing and how is it impacting you.

Withlut knowing that no one can advise you.

They have moved ground and raised their garden in a way that now overlooks us - with no hedge all is exposed.

And do you think they’re not allowed to?

The landscaping here is a massive moving of land (soil) from lower in their sloping garden to a high point which now make half of their garden a level terrace. This terrace stands way above the level of our land. The council, based on pictures I took, have said it seems to breach their rules and have now told them to get retrospective PP. This gives me further opportunity to complain.

Not sure what you mean by "further opportunity to complain"? It's up to the council whether to pursue enforcement action for lack of planning against your neighbour (and/or against you for your own alleged lack of planning). What other grounds do you think you have for complaint?

When I say 'further opportunity to complain' I mean when the council sends notification to the neighbours of the proposal. Isn't  that normal?