Building Regs/Criminal Damage (takeaway affecting resident)

[Fuming]

Where to start!!!!

1. Indian Takeaway trading without having special planning conditions signed off.

2. Extractor ducting affixed all the way up a wall that isn't owned by the takeaway. Threatening us with criminal damage if we remove it from our property. Was it criminal damage for him to fix it to our wall in the 1st place?

3. Gas regulations. Extractor duct only gives 2 - 3 inches clearance of our boiler flu.

4. Gas regulations. I know for a fact that the shop had no gas laid on before building work started. I also know that the guy that did all the gas work is not certificated. I believe carrying out this work could mean a very large fine and possible imprisonment? Who is this best reported to?

5. Illuminated sign affixed directly outside the bedroom window. Runs parallel to the drop of the window about 3 inches from it. Illuminated signs need planning permission? This is also fixed to a wall owned by us so is criminal damage? We did remove it today and filmed the removal and storage of the sign.

6. Environmental health re toilet facilities. Outside toilet for staff. No hot water for hand washing. No light so they can't see where they are peeing. No hand drying facilities

7. Waste disposal (Environmental health) Plans stipulated a Euro bin for disposal of food waste. No Euro bin present. Waste left in black sacks outside the door to the kitchen.

8. Food storage. Food kept in an outhouse that was never mentioned on the plans and surely needs including for a change of use? Food sitting directly on the floor of the outhouse with the door left open 5 ft from the black sacks of food waste.

All the above points have video evidence to back them up (all filmed today).

The local council have shown scant interest (they allowed a car paint manufacturer to continue to trade under a retail licence in the same shop, despite cellulose thinners being obviously detectable in the flat above)

We have engaged legal representation but I am seeking to submit as much as possible to the solicitor to reduce costs as owning a flat above a shop doesn't bring us into an income bracket where cost is immaterial!!!!

This man has already forced an elderly lady to sell up and move from her home when he bulldozed his way through a very similar situation.

Sorry for the lengthy post but there was a lot to cover and I am desperate and extremely angry.

All advice gratefully received.

 

[big-all]

enviromental health i would think for starters in relation to the food issues and the ventilation polution

go to the planning department and ask to look at the plans

affixing to your property is criminal dammage iff your 100% sure within your lease as in no variance allowing them to affix to the walls

 

[Fuming]

Thanks for a quick reply. Planning were fully aware that the external walls were demised to the occupier of the flat when they gave outline planning permission. They were furnished with a copy of the deeds and solicitors letters.

Planning still gave outline permission despite being called into committee twice regarding this case. They are completely uninterested in this case and have told us that it is a civil matter and we must take it to court should he erect the extractor devices.

It seems completely mad that they can agree to outline planning when they have full knowledge and documentation that the walls are owned by us and are on our deeds but apparently that's how the cookie crumbles. Give permission, no matter what and let the owner of the property deal with it after the fact!!!!

Planning seem to deem us as a nuisance due to the fact that we have forced it before committee twice and "wasted their time"

 

[big-all]

unfortunately thats the way it works the council planning is just that the niceties off ownership are not within there remit so cannot be considered

you can apply for planning on a building you don't own to find out what will be approved who owns it doesn't come into it as you have found out
i would personally give them 2 weeks written notice to remove there vent from your property or you will remove them at there cost and risk off unfortunate damage

 

[Fuming]

We gave them notice and went to remove it today. He has however sealed the sections with a "No Nails" type of filler so we will need to remove it as a complete unit and let it drop to the floor with the subsequent damage.

We are worried about him having more course to law for us damaging his property over ours (due to the way we have been treated previously) even though he was the instigator of damage.

We are completely certain of our rights with regard to ownership of walls, lease and obligations as have been passed from pillar to post with lega representation and all have said the same thing.l

We are worried that his criminal damage claim is going to carry more weight, even though he was the instigator of damage to property that he doesn't own?

Seems that he has had the ear of the law all the way along so far. We have savings that we are happy to spend on the case and my mother is soooo angry that this can happen that she is prepared to take a charge on her house to fight the case. I want to pursue the case as a he has ridden rough shod over people in the past and needs to be stopped but don't want to take it on if it looks like a lost cause.

We know the Police won't be interested in investigating this as criminal damage and won't call them out as know they won't attend. Was wondering if it was worth just reporting and asking for a crime reference number though?

The fact that it is called "criminal damage" would make it appear that this could be classed as a criminal matter rather than solely civil?

 

[big-all]

thats why i said give him 2 weeks notice then you throw the ball in his court

another tack ask him to remove all fixing and equipment trespassing on your property and repair the damage or you will have to remove at there expence and bear any accidental dammage
the chances are iff you remove the fixings it will fail
but what ever you do do not touch any fixing not on your property

 

[OwainDIYer]

Do not touch or remove anything of theirs. If you do it will be criminal damage.

All they have to do is say they believe the criminal damage committed by you is racially motivated and the police will be very interested. In you, in a bad way.

That's the way the poppadum crumbles these days.

 

[Fuming]

thats why i said give him 2 weeks notice then you throw the ball in his court

another tack ask him to remove all fixing and equipment trespassing on your property and repair the damage or you will have to remove at there expence and bear any accidental dammage
the chances are iff you remove the fixings it will fail
but what ever you do do not touch any fixing not on your property

It's only on his where it comes through the wall and will be most interesting to leave that exposed cause it's where the motor is housed. Pray for rain The only prob is that cause he has fixed the whole unit together with non removable sealant it's only coming down in once piece (10% fixed to his property)

As for the race card, gonna be a tricky one to fight as I work for a minority group and have for a good 2 years but we have documentary proof (press and YouTube) of him booking speakers for his religious group group that have spouted religious and racial hatred. I'm on a winner there

 

[Fluffster]

Sorry to hear your troubles. Have you contacted Gas Safe Register the new Corgi to report an illegal gas installation.

They should be very interested and one visit from them where the gas installation is proved dangerous turns the gas supply off so a big headache for a cooking establishment.

Good luck
Pete

 

[big-all]

always best to get legal advice as OwainDIYer has raised the point off illegality criminal damage if you remove

 

[jeds]

I would advise against removing the flue from your wall.

If the neighbour has no right to fix to your wall then I think your best option would be to seek an injunction to have the flue removed. Injunctions are relatively easy to obtain and deal with the facts. So if the flue is unauthorised it will have to be removed.

All gas installations must be notified. I would check with gassafe to make sure this one has been.

 

[leew2]

If you don't already have one, I would recommend that you go out and buy a CO (carbon monoxide) detector ASAP. If there is a gas installation downstairs and it was instaled by an uncertified installer then it could be giving off CO which could then leak into your flat and kill you. A detector will alert you to the presence of CO before it kills you.