Neighour's extension on my land

planning_officer

VictorMeldew wrote: »

ps he'd already built the two storey extension before he had permission approved. I objected on grounds of overshadowing, privacy etc but it was approved anyway. I'll probably appeal again for the same reasons, but I can't appeal on the grounds of boundaries as the council tell me that this is outside of their remit.

You don't have a right of appeal - there's no third party right of appeal against a grant of planning permission in England!

Lakey

Seems like you have two issues with this guy, and you need to think carefully first about which one you persue and how, with regard to getting his folks to give you top dollar:
1. No planning that you are aware of, the process of might not be complete, to be taken up with the PO.
2. Boundary dispute. Clarification needed of boundaries and possible encroachment of neighbours land, possibly to be taken up with Land Surveyor.

Which ever one of these two issues you start to persue, your neighbour is going to get:
a) highly hacked off and close up and defend
b)realise he's been a pi**ck and try and push his parents purchase forward.
c) think he can pressurise you into selling cheaply as with these issues going on, not many people will be interested in purchasing, putting you on the backfoot.

VictorMeldew

Thanks planning officer for that. The reason I thought the council wasn't taking me seriously was that when I originally phoned up two weeks ago, they said that enforcement would be out within 2 days. I waited a week like they said, but heard nothing. When I phoned up last week, the case officer said that no-one had been out and asked "What's the problem with it anyway?" as if it was the first time I'd contacted them about it. He then suggested that I had read the plans incorrectly, but eventually said he be out that week to look at it. When I asked why hadn't it been done the week before he said that there had been a 'mix up'.

Also I did ask how long they aim to be out following a complaint and they said 2 weeks, it has been more than that already. Maybe they went out at the end of last week. I'm expecting a 'call back' tomorrow so will find out.

VictorMeldew

Planning_Officer, what happens if he hasn't followed his plans? The one storey extenison on the back isn't on the plans on the council's planning website. Is it just this bit he he needs to apply for retrospective planning permission for, or does the whole extension need permission again?

Debt_Free_Chick

VictorMeldew wrote: »

Planning_Officer, what happens if he hasn't followed his plans? The one storey extenison on the back isn't on the plans on the council's planning website. Is it just this bit he he needs to apply for retrospective planning permission for, or does the whole extension need permission again?

He only needs to apply for PP for anything that needs PP, but doesn't have it; or anything on the original PP which is not built in line with that permission.

Re enforcement - the Planning Department might not get back to you. To be honest, they struggle with what they have to do without giving a progress report to everyone that calls in - they simply don't have enough resources. Of course, they may well make an effort to keep you informed, but don't expect it. Better that you leave it a couple of weeks and then call again.

If the matter can be resolved by applying for retrospective PP, then the owner will be persuaded to go that route and that might not happen for a good few weeks in which case there will be no progress.

The owner will be given a generous period of time in which to make an application - six months would not be unusual.

Regards

prudryden

In answer to your question, it sounds like you should have had a Party Wall Act notification, especially since he is implying that his "rendered wall" will look nice as the new boundary fence.

clutton_2

the only way you are going to sort this out - is by sitting down and talking to him and thrashing it out

""I've chickened out of going round today! "" - this will not help !!!

i dont think you are clear about what you want

do you want to

sell your house
regain your full one meter x centimeters of land
report him to the council
get the whole development cancelled
get part of the development cancelled

you seem in a bit of a tizzy to be honest -

unless you are really clear as to what you want out of this disagreement (and you will need to be thoroughly practical as to what is feasible and what is practical) you will never find a solution

VictorMeldew

clutton wrote: »

i dont think you are clear about what you want

You are completely correct about that! I really don't know what I want. At the moment I just feel really annoyed with him for doing it, and myself for letting him get away with it, and feel that I should be doing something about it.
I want him to be aware that I know what he's done and that he hasn't got away with it (even though he probably has!). I'm trying to think of a way to get something out of this myself, even if it is just having the fence back the way I want it.
Something else I haven't yet mentioned is that he has asked permission to connect his toilet drain to mine, as his is on the other side of his house. I agreed to this at the time, but am not sure what to do about this now. Maybe I should say I want the fence sorting out before he does the drain for starters.

prudryden

What if he blocks up your drain? I wouldn't allow someone to hack into my drains.

Are you being subtlely bullied and allowing it?

Clutton is right - tell us what you want to do and then we possibly can give some guidance . I can tell you because of the party wall act, one of my neighbours' extension has come to a screeching halt.

Lakey

I agree, I wouldn't let anyone have access into any of my waste pipes!!
Really this neighbour takes the blinkin buscuit.
Tell him NO about the drains. What if they get blocked it will be your responsibility even though its his poop.
We refused to let our nice neighbour link up with just waste ground water, it will only end in trouble.
When you come to sell your house it could be flagged up by the surveyor and again count against a smooth sale.
Time to show this bloke you have some teeth yourself!!:T