Neighour's extension on my land

guppy

So in theory, someone could put in a crazy planning application, to say demolish my house and replace it with flats, just to annoy me?

Is there nothing in the planning process to prevent this kind of abuse? I realise of course it might be treated as harassment under other laws.

SquatNow

Bloody hell, is this still going?

VictorMeldew

SquatNow wrote: »

Bloody hell, is this still going?

Unfortunately yes!

Thanks for your help once again planning officer and debt-free-chick for the invaluable info. So, as I understand it up to now, the planning office should have got my neighbour to serve notice on me at some stage. They should have either noticed that the extension trespasses onto my land at the application stage or at the building stage when it obviously crossed the line of my fence.

What would have happened when notice was served on me? Do I have any come back due to the fact that they didn't make my neighbour serve notice? Do you think that they didn't serve notice because they didn't realise the extension was on my land due to the absence on the site plan?

Just suppose that as a result of the enforcement visit he is made to retrospectively apply for planning permission. Could the planning dept. then demand a Certificate B declaration as they now know (and my neighbour knows) that the extension crosses my fence?

Debt_Free_Chick

VictorMeldew wrote: »

Unfortunately yes!

Thanks for your help once again planning officer and debt-free-chick for the invaluable info. So, as I understand it up to now, the planning office should have got my neighbour to serve notice on me at some stage.

No. The planning department rely on the applicant serving notice. The applicant has an obligation to do so, I believe, under the planning laws (Town & Country Planning Act)

They should have either noticed that the extension trespasses onto my land at the application stage or at the building stage when it obviously crossed the line of my fence.

No - they don't know where the boundary is. OK, there's a line on the site plan, but no-one knows where the line on the ground. Anyway, it's none of their business - the applicant could have agreed with you to build over the boundary or could have bought a strip of land from you. Either way, it's none of the Planning department's business.

What would have happened when notice was served on me?

Nothing - but you would have had the opportunity to raise the matter with your neighbour.

Do I have any come back due to the fact that they didn't make my neighbour serve notice?

Not on the planning department, no. This is a civil matter between you and your neighbour.

Do you think that they didn't serve notice because they didn't realise the extension was on my land due to the absence on the site plan?

With no site plan they couldn't possibly have known, guessed or speculated whether the development was on your land. But even if they were personally curious, it's nothing to do with them.

Just suppose that as a result of the enforcement visit he is made to retrospectively apply for planning permission. Could the planning dept. then demand a Certificate B declaration as they now know (and my neighbour knows) that the extension crosses my fence?

No - they will treat a retrospective application in exactly the same way as a normal application. The planning department will not get involved in your boundary dispute - they have no role and no powers in the matter, sorry.

Debt_Free_Chick

planning_officer wrote: »

Agree completely with Debt Free Chick's long post above. I would just emphasise:


Got him to serve a notice on you as a joint owner of the application site.


If the case officer had noticed, then again, he would (should!) have got him to serve a notice on you as co-owner of the site.

I guess this might vary from one authority to another. Here in Rother (Sussex), the applicant simply has to make a declaration by ticking a box on the application form to confirm that either (a) they own the land or (b) that the owner of the adjoining land has been served with a notice. Planning don't check and don't ask for evidence. In my experience, they don't check who owns the adjoining land either. So if I tick to say "I own the land" they don't check to see whether that's true or not.

In this case, the applicant might have claimed that they owned the land - and might have done so out of genuine ignorance

Rikki

Victormeldew's pictures CLICK HERE

I keep refering back so I can understand the situation better. Have no advice I'm afraid but I have my fingers crossed for you.

VictorMeldew

Thanks DFC for clearing that up for me. Virtually everyone I've told about the extension has reacted initially by saying - 'how's he got planning permission if it's on your land' or 'the council will make him pull it down if it's on your land' and when I explain that planning permission has got nothing to do with land ownership they look at me as if I'm being stupid. People have actually said to me, 'you mustn't be speaking to the right council department' it is so annoying.

It seems to be a common misconception that the planning office will protect people from this type of thing happening, I certainly thought this at first and it's taken me a while to finally realise that they don't. I'm still really annoyed with them for not doing their job properly though. (ie not asking for a site plan which would have meant that I'd have spotted the trespass earlier, and lying to me when I told them about the unpermitted one storey extension.)

Anyway, a local councillor is coming out this Saturday to see the extension. I doubt very much she'll be able to help, but I'll explain how the planning office haven't done their jobs properly and ask her about the council wanting to defend it's Leasehold interests and see what she thinks. Hopefully the surveyor's report shouldn't take too much longer and I can then decide how far I'm going to pursue this.

CYBERCIDERSAVER

Having just found this thread and reading most of i, I'd just like to add my voiceto the "screw him for as much as you can brigade."

It's not just the value of your property that will suffer directly, it's also the fact that people may be put off buying your house completely, and then there is the nightmare of issues cropping up when buyers get their survey done. Putting you in a weak position when selling.

Get him to pull it down!!

VictorMeldew

Cheers cybercidersaver! The longer this is going on for, the more that I'm thinking the same thing. As well as the points you've made there is also the thing that if I let him get away with it, it will probably eat at me for the rest of my life!

What really annoys me is the way he conned me, ie the parents offer to buy my house, him assuring me I'd be abe to put my fence panel back in, him saying that the wall wouldn't come right up to the edge of the trench etc.

Fortunately I am in a postition where I could pay for a legal dispute. I paid off my mortgage a few years ago and have been saving a deposit since to buy a new house. I've just been waiting for the property market to reduce a bit. I did't really want to spend it all on legal fees though, but if I won you normally get most of it back from the other side (apparently - please correct me if I'm wrong in this!).

I will take the advice of my chartered surveyor once the report is completed, and probably also see a solicitor to see how strong my case is. I could do with getting in touch with my old neighbour to ask if she any old photos showing where the fence was 12 years+ ago also.

By the way my neighbour was panicking at the sight of the chartered surveyors, hopefully he knows he is in the wrong and his solicitor will tell him this.

space_rider

Victor you won`t be able to get him to pull it down. We contacted the local councillor and although he sympathised there is just nothing they can do. Go and see a solicitor, one where you can get free legal advice for an hour and see what they say. They told us that it would cost several thousands of pounds with no guarantee to a good outcome for us.

I was even so annoyed we stopped paying the council tax but did have to pay it just before it got to the summons stage. Also remember that all this you will have to admit to when and if you put your house up for sale.