Council Planning Department Maladministration

StephenVFR

I am unfortunately a 3rd Party Victim of my Planning Department’s maladministration. Three and half years ago my neighbour developed his back garden, he told us that his rear garden wall was to be replaced with a new fence. As I am at the bottom of a hill and he is at right angles to my driveway it meant that the existing wall 50year old section adjacent to my house (which belongs to me) would also need replacing. Instead of just replacing the unstable wall with a new fence my neighbour carried on down my driveway to the pavement and down the road enclosing a 2m strip of grass verge, completely obscuring any visibility from my driveway. 

The fence development was completed without planning permission which it then required as anything above 1m adjacent to a highway requires permission and compliance to Highway Regulations.
This is where the 3 1/2 year battle starts. 

A Planning application was submitted but the Council failed to request a ‘retrospective’ one even though the development was completed. With retrospective you only have one application and if it rejected you have to remove the development. 

The application was rejected by all as the Vehicle and Pedestrian Splays were insufficient in fact it only showed an incorrect Pedestrian Splay only. A new drawing was allowed to be submitted but astonishingly the Pedestrian Splay was missing and only a shallow vehicle Splay was shown. There were also some very strange and misleading dimensions shown even though in the drawing footnotes it said that both Splays were added?
Kent Highways had done the original safety report and picked up on the drawing errors. KCC sent an email to the Sevenoaks case officer telling him of the errors, showing him the correct regulations and stipulating that the splays had to be corrected as a ‘Condition’ of the approval. I have this email.
Unbelievably Sevenoaks passed the application without the Condition and lied on the approval stating that KCC had no objections. 

I have fought and fought to get the Council to enforce the regulations as it endangers the general public as I cannot see them when exiting my driveway. 

As a 3rd party you cannot fight the Council and no one, not anyone will help you, they are untouchable.
The internal complaints department just refused to listen and even rewrote the regulations to suit their incompetence. The Ombudsman’s report went in my favour and the Council had to admit that they were wrong and pay me compensation for their incompetence but they point blank refused to accept liability and make my neighbour change the fence line. People forget that the Ombudsman has no power, they are only advisory, madness
KCC agree with me but for some reason they will not enforce their own highway rules, my MP Laura Trott is frightened of SDC even though they lied to her as well. Parish Councillors are a waste of time and the Department of Levelling up just refuse to do their jobs even though they are supposed to oversee LPA’s.
So I now have a fence down my driveway, trespassing on my land, no visibility and a Council that has a ‘get out of jail card’ by issuing me with a nuisance statement to stop me communicating with them. 

I am the land owner and Covenantee on which part of the development stands. The new fence breaks my restrictive covenants and my neighbour submitted a fraudulent Certificate of Land Ownership and yet the guilty Council's will not listen and definitely won’t take any action. 

Why should it cost me a small fortune to pay solicitors to get the fence removed when it is entirely the fault of the Council.

user1977

It isn't the planning department's job to enforce trespassing or breaches of title covenants (and bear in mind that the development could be fully compliant with planning but still involve trespass!). That's a matter for you to resolve.

eskbanker

StephenVFR said:

So I now have a fence down my driveway, trespassing on my land, no visibility and a Council that has a ‘get out of jail card’ by issuing me with a nuisance statement to stop me communicating with them. 

I am the land owner and Covenantee on which part of the development stands. The new fence breaks my restrictive covenants and my neighbour submitted a fraudulent Certificate of Land Ownership and yet the guilty Council's will not listen and definitely won’t take any action. 

Why should it cost me a small fortune to pay solicitors to get the fence removed when it is entirely the fault of the Council.

Perhaps I'm missing the point but why would you need to pay solicitors to remove something on your property?

Aylesbury_Duck

eskbanker said:

StephenVFR said:

So I now have a fence down my driveway, trespassing on my land, no visibility and a Council that has a ‘get out of jail card’ by issuing me with a nuisance statement to stop me communicating with them. 

I am the land owner and Covenantee on which part of the development stands. The new fence breaks my restrictive covenants and my neighbour submitted a fraudulent Certificate of Land Ownership and yet the guilty Council's will not listen and definitely won’t take any action. 

Why should it cost me a small fortune to pay solicitors to get the fence removed when it is entirely the fault of the Council.

Perhaps I'm missing the point but why would you need to pay solicitors to remove something on your property?

That was my first thought, too.  I wouldn't recommend ripping it out, but carefully dismantling it and handing it back to its owner.

HillStreetBlues

I agree with the above, as it's on youir land it's a much easier fix.
Give your neighbour notice to remove, if that fails remove fence and bill neighbour for costs.

Okell

@StephenVFR -  can't help thinking you're in the wrong place and should be here:  House buying, renting & selling — MoneySavingExpert Forum

I know your's isn't a house buying, renting or selling problem but it isn't a consumer rights question either

(Apart from that I agree with the last few posts - if the neighbour has encroached onto your property tell him to remove the fence or you will do so yourself at his expense)

StephenVFR

I did write a formal encroachment notice to my neighbour to remove his fence and he had to respond within 30days. On the 29th day I had a visit from the Police as he was accusing me of intimidation. The Police did laugh about it but did advise me not to just take the fence down, not because I’m not entitled to but incase my neighbour gets aggressive. I have had further Police visits when I sent my neighbour his own Transfer documents and the Ombudsman’s report, both which prove he is in the wrong. 

As for a fraudulent land ownership certificate, it is in the interest of the council to prosecute as they are guilty of aiding and abetting the false approval as they had all the correct documents from me.

HillStreetBlues

StephenVFR said:

I did write a formal encroachment notice to my neighbour to remove his fence and he had to respond within 30days. On the 29th day I had a visit from the Police as he was accusing me of intimidation. The Police did laugh about it but did advise me not to just take the fence down, not because I’m not entitled to but incase my neighbour gets aggressive. I have had further Police visits when I sent my neighbour his own Transfer documents and the Ombudsman’s report, both which prove he is in the wrong. 

As for a fraudulent land ownership certificate, it is in the interest of the council to prosecute as they are guilty of aiding and abetting the false approval as they had all the correct documents from me.

I think you have two options take it down and see what happens or leave it up. I don't see your neighbour doing anything different if you take it or you get it done via the council.

eskbanker

This thread echoes many previous ones on here more directly related to consumer rights, i.e. it's one thing to have rights, but another one entirely to actually enforce them, so being in the right often isn't enough....

Aylesbury_Duck

Personally, I'd take it down, carefully, and ask the neighbour to collect it.  You should of course call the police if the neighbour does get aggressive.  Better still, pay a contractor to do it and stay out of the way.

At the end of the day, you can remain in this stalemate which seems like it could go on indefinitely, or you could take a practical and entirely lawful step to try and resolve it.  The choice is yours.