Neighour's extension on my land

guppy

As I understand it, you have to sign a form confirming ownership of the relevant land when the application goes in...might be worth questioning the council about this too.

I'd definitely get on to Councillors, your MP, and the Ombudsman. It sounds like the council are being incompetent and possibly being less than honest to try and make you go away.

Maybe write back to the planning officer first and ask him to confirm what he said in that last e-mail above, since you believe he may be wrong.

Make it quite clear that you when the extension was built and that you have other witnesses to this fact. Tell him you are reluctant to take matters further, and would like to give him the opportunity to investigate further in the light of this information, before you take the matter further. Make it quite clear that you are reasonable, but are not prepared to let the matter drop.

Anyone can make a mistake, but it is quite another thing to attempt to fob you off once you brought it to his attention that you believe he has his facts wrong. Unfortunately many people in authority seem to hope that the pesky public will just leave them alone and get back to their lunch.

redcar_2

Can you send him if you haven't already your picture with the new bit highlighted http://i259.photobucket.com/albums/hh283/Bethsdad/DPP_0137-1.jpg (for the benefit of those who cannot spot the match between the breeze blocks on the two storey extension and the one storey extension!)

Taking the view that the planner has made an honest mistake as he has looked at his records and just sees a permitted extension noted at the back already but may not be one of the people you phoned or if he was you now have it in writing you have informed him that you are talking about an extension to the old extension.

Edit: sorry I see reading more carefully before that he is one of the people you spoke to! Can only suggest a very large arrow on the photo to highlight that what has been added is not just a new roof. I think your photo speaks for itself really so cannot see why they aren't pulling their finger out.

hethmar

Is it possible for you to go in in person to the planning department with the photos - sometimes its easier face to face to explain the situation and much harder for someone to fob you off.

VictorMeldew

I think I'll email him again, making reference to our previous phone conversations about the extension, and also send him a picture of the extension pointing out the new bit just in case it isn't obvious to him. If he still denies he knew about the new part of the extension then I will contact the ombudsman. He is obviously backtracking now, and will claim that he didn't realise that the existing extension had been extended, even though I informed him by phone two weeks ago. I have a good mind to inform the ombudsman about this anyway.

guppy

That's good but remember the Ombudsman will take time though and won't ultimately solve the problem of the trespass to your land.

Ultimately, the planners will probably be of the opinion that the system is designed to protect public amenity as a whole, not specific individuals. I think its very unlikely they will force him to remove the extension or anything like that. Frustrating but not much you can do about in IMO

Ultimately you may have to go the legal route, or just sell him the land to settle this.

Ian_Griffiths_Halifax

VictorMeldew wrote: »

I think I'll email him again, making reference to our previous phone conversations about the extension, and also send him a picture of the extension pointing out the new bit just in case it isn't obvious to him. If he still denies he knew about the new part of the extension then I will contact the ombudsman. He is obviously backtracking now, and will claim that he didn't realise that the existing extension had been extended, even though I informed him by phone two weeks ago. I have a good mind to inform the ombudsman about this anyway.

I'd also be tempted to send them an email link of this thread. Let them know that it's in the Public Domain :rotfl:

*jobags*

Before the Ombudsman will even consider your case you will have to have exhausted the Councils complaints procedure

I suggest you just e mail your man in Planning and advise him that you would like this matter dealt with as a fomal complaint and could he send you the form and a copy of the complaint procedure (there may be one of the website), you may even be able to submit it electronically but make sure you send it to the Corporate Complaints Officer - not your Planner. It will hit his (or his bosses) desk in due course

There are timescales for responses - these will be in the policy, you may have to take it to 2nd or 3rd level, or even Appeal Panel before the Ombudsman will consider it so you could be a good 3-4 months away from Ombudsman stage yet.

At least you have a record of all your contact and calls with him as a result of your postings here:rolleyes:

While you're at it you might as well send a copy of your complaint to your MP and Councillor - nothing better than drowning these people in paperwork

A couple of updates would be useful - mainly out of interest, not because I have any answers

What happened with the drains?

How was he planning to do the rendering - by leaning out of a window?

Good luck

Jo

sinderella_2

|I would totally sell to the parents especiall since you've no long term interest in the place....

hethmar

Have the parents come back with an offer yet?

I think Vic, you need to soft pedal a bit with the Council because you will end up feeling you are fighting on two fronts (weve had this). Personally Id go there and speak to them and show the pics as then they can see you arent being picky but want to solve the problem. Emails can be very impersonal and forgotten the moment a response is sent. You could also get a chance to view the plans again and point things out to them as you are sitting there - much clearer in person.

VictorMeldew

Thanks for the replies and advice yet again. My plan of action is to email the planning oficer and explain why I am persuing this - that if my neighbour has to resubmit his application, then I will have the chance to object again to the application. I know that there is only a slim chance that my objection will be upheld, but this would be far easier than the legal route if it was.

I am also going to confirm to the chartered surveyor tomorrow that I want a site survey doing to prove that the extensions are on my land. Once I have proved this I will get a letter written to my neighbour to confirm the trespass and also to forbid any further access to my land until the matter is settled. Not sure what he'll do then about the rendering or the drains!

Something I don't think I've mentioned yet is that I went around to my neighbours months ago to ask him to confirm that I would be able to replace my fence panel once the work was completed. He blatantly lied to me and said yes. A few weeks later I went around again when the foundations were dug and queried the fact that they were so close to my land. He said that the wall would be down the middle of the trench. The wall is actually right up to the edge of the trench.

If his parents really were interested in buying the house then the ideal solution for everybody would be that they buy from me. If this does happen I will make it clear that the legal proceedings would not be dropped until contracts are exchanged. I seriously doubt that they were serious though - I think this was all part of the lies.