Neighour's extension on my land

Gangstabird

I have just spent a while reading the entire thread, but if you have the tenacity to go through with this, then you deserve everything you get. So does He.

The local council sound like imbeciles passing the buck and he sounds like a chancer. Tell him to go forth and multiply and make life generally difficult. How dare someone rely on your goodwill to build an extension which isn't legally right.

Good luck mate.

Gangsta.xx

VictorMeldew

I wrote to the local councillors last night guppy, and complained mainly about the missing site plan, and also of the planning department's inaction depsite me informing them about the un-permitted one storey extension. I doubt that I will get anywhere as I can't see them wanting to admit any liability.

I did ask water company about it becoming a shared drain rather than it historically being one, and they said it didn't matter. As you say though hethmar, it may be worth phoning back just to check. One thing I have learnt during all this is that people will say things as though they are true when they don't actually know for certain.

Could anyone tell me what site plans are actually for? Are they specifically to avoid boundary disputes?

ps thanks for the support gangstabird!

guppy

The site plan shows where the property is in relation to nearby houses and the immediate area. From memory they're usually at a scale of 1:1250. I believe a similar plan is often found with land registry deeds, but its just an Ordnance Survey map, its not definitive regarding boundaries.

In England boundaries are primarily based on the written description in the deeds and on the physical boundaries present on the ground, rather than any definitive plan or survey.

In respect of the planning application, the applicant has to certify they own all the land shown, though I've no idea what the penalty is if someone lies.

I can't see the council admitting liability freely either, Victor, but at least the Councillor might keep them on their toes from now on. Best of luck, try not to let it get you down too much.

redcar_2

VictorMeldew wrote: »

I did ask water company about it becoming a shared drain rather than it historically being one, and they said it didn't matter. As you say though hethmar, it may be worth phoning back just to check. One thing I have learnt during all this is that people will say things as though they are true when they don't actually know for certain.

I would get this in writing rather than rely only on a second phone call.

hethmar

Yes, one thing Ive learnt in the last 3 years of having a neighbour from hell is keep notes of everything - every single persons name that you speak to, the dates and copies of correspondence. Dont trust a soul.

VictorMeldew

One of the councilors I emailed has got back to me already and wants to come out to view the extension!! I'm very impressed she got back to me so soon even if nothing else comes of it!

guppy

hethmar wrote: »

Yes, one thing Ive learnt in the last 3 years of having a neighbour from hell is keep notes of everything - every single persons name that you speak to, the dates and copies of correspondence. Dont trust a soul.

Absolutely second this. An A4 diary pad works well.

planning_officer

guppy wrote: »

The site plan shows where the property is in relation to nearby houses and the immediate area. From memory they're usually at a scale of 1:1250. I believe a similar plan is often found with land registry deeds, but its just an Ordnance Survey map, its not definitive regarding boundaries.

That's actually the location plan - they're drawn at a scale of 1:1250, whereas the site plan should be at a scale of 1:500 or 1:200 and should show the proposed development in relation to the site boundaries and also neighbouring buildings (although there's no requirement to draw them accurately!!). The extract below is from the Government's national validation checklist for householder planning applications - it describes what a location plan and a site plan should show.

Victor, feel free to quote these requirements to the council (although this particular application was submitted b4 they came into force - although it's always been standard for all LPAs that I know to have a site plan, even b4 these national checklists became mandatory.

guppy wrote: »

In respect of the planning application, the applicant has to certify they own all the land shown, though I've no idea what the penalty is if someone lies.

Unfortunately, no penalty at all, as LPAs don't hold records of land ownership. But yes, if the extension crossed the boundary, the applicant should have completed a Certificate B and served notice on Victor as co-owner of the land on which the extension would be sited.

EXTRACT FROM DCLG'S NATIONAL VALIDATION CHECKLIST FOR HOUSEHOLDER PLANNING APPLICATIONS:

"The location plan

All applications must include copies of a location plan based on an up-todate
map. This should be at a scale of 1:1250 or 1:2500. The GDPO 1995
requires three copies plus the original (unless submitted electronically). In
exceptional circumstances plans of other scales may also be required. Plans
should wherever possible show at least two named roads and surrounding
buildings. The properties shown should be numbered or named to ensure
that the exact location of the application site is clear.

The application site should be edged clearly with a red line. It should
include all land necessary to carry out the proposed development – for
example, land required for access to the site from a public highway, visibility
splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the
applicant, close to or adjoining the application site.

Site Plan

Copies of the site plan should be submitted. The legislation requires three
copies plus the original (unless submitted electronically). The site plan
should be drawn at a scale of 1:500 or 1:200 and should accurately show:

Information requirements for Applications for Full Planning Permission 23

a) the direction of North;

b) the proposed development in relation to the site boundaries and other
existing buildings on the site, with written dimensions including those to

the boundaries;

c) all the buildings, roads and footpaths on land adjoining the site

including access arrangements;

d) all public rights of way10 crossing or adjoining the site;

e) the position of all trees on the site, and those on adjacent land that

could influence or be affected by the development;
f) the extent and type of any hard surfacing; and

g) boundary treatment including walls or fencing where this is proposed."

Sorry for long post!!

facingthefuture

Ok we are going through planning at the moment and the roads service guy told me that if he approves a plan and at a later date it is found out some of the property doesn't belong to those that are building the thing that the roads service can be sued. Don't know if this applies to other departments.But as a result they are really tight on things going up where they should.

VictorMeldew

If my neighbour had submitted a site plan showing the extension crossing the boundary, then what should the planning department have done then?

If he had submitted a plan showing the extension within his boundary, but then on site the extension crosses my fence, what should the planning department have done then?

Basically, what I'm asking is what should (if anything) the planning department have done to prevent the situation I am in now? They have told me that boundary issues are not within their remit, but surely if a building is obviously not wholly within the applicant's land (ie it crosses an existing fence) they should at least ask me if I have given my permission?

I have just spoken to the building control officer and told him about the drains (and also of the un-permitted one storey extension) he said he would come and inspect both once the drains are finished, but said I can't prevent the drains being altered even if I still wanted to.