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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3700

Scotland 
Planning laws in England.. Do they still exist?

My sister came home from a few days away and found this has happened.

The roof on the right is her kitchen roof. The neighbours on the left have decided to build an extension.
They got planning permission.... But.... Have decided to extend 18" into my sisters property !!
She came home and found scaffolding up in her garden and a brick wall almost touching her roof.
They are freaking out because the planning dept are not interested, they say it's a civil case. Police say not interested.
Their lawyer has told them not to do anything silly (violence, damage etc) and to take them to court. He says they will win because it is obvious it has been built on their land, but it will cost £2500 to get things rolling...
Neighbours eh! :shock:

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Post #178212 18th Mar 2013 5:05pm
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ebajema



Member Since: 24 Mar 2011
Location: New Plymouth
Posts: 4782

New Zealand 2010 Range Rover Autobiography 5.0 SC V8 Galway Green

What about trespassing onto their land/property ?? Your sis can maybe charge the workers and anyone else with trespassing, damages etc. The trespassing should get the police awake ?? MY 2010 5.0 SC Galway green and sand interior!!
Have the Faultmate MSV2 Extreme to be tinkering with the settings etc. !!

Post #178213 18th Mar 2013 5:08pm
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Andy3681



Member Since: 13 Jan 2012
Location: Newcastle under lyme/ Le Dorat Haute Vienne
Posts: 912

United Kingdom 2005 Range Rover Vogue Td6 Cairns Blue

Friend had neighbour wanting a garage extension right up to the boundry he objected but couldnt stop it so made them do all the work from their side and make it narrower as the foundations would have been on my friends land.
pointing always looked a mess and the garage was to narrow for the car.
years of bitterness followed Mine was a blue one! Smile

Post #178214 18th Mar 2013 5:12pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3700

Scotland 

Police are not interested in the trespassing aspect as no damage has been done. They say it is a civil dispute. Previously..
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Post #178215 18th Mar 2013 5:15pm
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ebajema



Member Since: 24 Mar 2011
Location: New Plymouth
Posts: 4782

New Zealand 2010 Range Rover Autobiography 5.0 SC V8 Galway Green

What about damage to the land due to scaffolding and crap dropped by the workers. They'd better get some counsel quick on this and send a formal letter to the neighbours objecting as well as informing them of the intent to take them to court and ask for damages over and above all cost.

Also they should do similar to the planning department for not doing their due diligence !!! MY 2010 5.0 SC Galway green and sand interior!!
Have the Faultmate MSV2 Extreme to be tinkering with the settings etc. !!

Post #178216 18th Mar 2013 5:20pm
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nicedayforit



Member Since: 11 Jun 2011
Location: Beside the Solway
Posts: 3979

England 2004 Range Rover Vogue Td6 Giverny Green

Does your sister have Legal Protection cover as part of her house insurance?
If so she should be using it.
I hope the title deeds to her property are dimensioned accurately if not she will need a survey carried out by a profesional land surveyor.

Post #178217 18th Mar 2013 5:35pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3700

Scotland 

^ Thumbs Up She is phoning her ins.comp. right now. The deeds will be getting viewed ASAP she says. Previously..
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Post #178218 18th Mar 2013 5:42pm
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axle



Member Since: 28 Oct 2007
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That to me looks like they have the neighbours have exceeded their planning consent and are trying to act like a bunch of Censored it would not make it through planning without a 1 metre ( aprox )gap for fire brake and amenity , it is now a matter for building control .
Very unpleasant for you sister and It will get messy Sad 2008 MY Supercharged
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and no ugly kid windows.
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Post #178219 18th Mar 2013 5:43pm
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nicedayforit



Member Since: 11 Jun 2011
Location: Beside the Solway
Posts: 3979

England 2004 Range Rover Vogue Td6 Giverny Green

Something to think about.
Most Legal Protection policies do not cover the cost of land surveys which will enevitably will be required.
To get round this make sure the appointed solicitor appoints a land surveyor as a potential expert witness, the cost of the surveyors fees will then be bourne by the Legal Protection Policy. Thumbs Up

Post #178220 18th Mar 2013 5:59pm
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Jonno



Member Since: 08 Jun 2011
Location: Eastnor HR8
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Speak to the planning enforcement officer not the planning dept. If the extension is built outside the plans submitted then he can serve an enforcement notice on the property and stop he build until the problem is resolved. - thats what he's paid to do so make hm do it. (you will get the usual BS to start with because they don't like it costing them) Also speak to the building control officer in charge of the project and ask him to explain why he has approved work carried out (footings etc in the wrong place). Put everything in writing including writing to the neighbour expessing your grievences and intentions if need be to pursue through the courts.


Jonno

(Owner of a building company) 5.0 supercharged autobiography
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Post #178221 18th Mar 2013 6:04pm
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nicedayforit



Member Since: 11 Jun 2011
Location: Beside the Solway
Posts: 3979

England 2004 Range Rover Vogue Td6 Giverny Green

It's also helpful to obtain a copy of your sisters neighbours Title Deeds for comparison purposes.
Obtainable from the Land Registry for a nominal search fee.

http://www.landregistryonline.net/


Last edited by nicedayforit on 18th Mar 2013 6:17pm. Edited 1 time in total

Post #178224 18th Mar 2013 6:09pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3700

Scotland 

Cheers guys... I am passing all of this on. Thumbs Up Previously..
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Post #178225 18th Mar 2013 6:15pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3700

Scotland 

Oh, and you are actually helping another FFRR owner.... She owns a TDV8 Very Happy Previously..
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Post #178226 18th Mar 2013 6:21pm
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campaj1



Member Since: 22 Oct 2012
Location: Cheshire
Posts: 729

United Kingdom 

omg that's ridiculous! Throw the book at them! Shocked

Post #178228 18th Mar 2013 6:57pm
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E4 GUY



Member Since: 07 Jan 2013
Location: London
Posts: 513

United Kingdom 2006 Range Rover Supercharged 4.2 SC V8 Java Black

Disgusting

We had issue with parking... I tweeted local councillor , he got straight onto it and escalated to correct department the same day

Local Papers love a story like this , seen something similar recently down here...
Make the planning officer look a clown bu making a fuss and they may be inclined to act. Alcohol and eBay is never a good mix

2006 4.2 Supercharged, Java Black

Post #178241 18th Mar 2013 8:20pm
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