Problem with neighbours

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I have a problem with my mum's next door neighbours. After receiving planning permissionfor a two storey extensionto the rear of their house, the project was completed. That was all above board and no problem at all. However, all along, they were planning to also build themselves a single storey attached side garage at the same time, without informing the planning department. This attached garage was built from the side of their house - across the full width of their driveway and also, slightly but definitely onto my mum's driveway. I would say that it get's increasingly more and more onto my mum's side as the extension goes back...to a distance of about 7 inches. Their fascia and guttering actually finish over my mums garage roof.

My mum - an old aged pensioner who has lived there for 45 years - approached them at various times to complain, but on each occasion, she was either ignored, or told to go away.

I made a complaint to the planning department (leeds) and they sent a lady out from the compliance department who told them that their build would indeed require retrospective planning permission. They sent in retrospective plans for the newly constructed garage and I was told to present a objection case to the planning department, before the decision was made.

The decision is due to be made anytime soon - 16th November or before.

His first two sets of plans for the rear extension had no mention of the attached garage and were recommended for approval by the chairman of our village council's planning committee. The chairman is a close family friend of my neighbour. When the retrospective plan was submitted, his architect had drawn a gap between the boundary line and his garage - intimating that the build was nowhere near the boundary line. The local council...again chaired by his friend...also recommended that the application be passed.

At that stage, I was in the process of writing my letter. I had to start again to include the non-declaration of interest by the local councillor and to include the fact that the new plans were factually incorrect. It takes me ages to write anything and even longer to type it out!!

I outlined the facts in my objection letter to the planning department. Firstly, that the local councillor involved was friends with the applicant. Secondly, that the newest plans sent in were inaccurate. Thirdly, that the building had been built onto my mum's land. I included several pictures of the house prior to any building work, the boundary line as it was, how the boundary line was no longer visable as they had built over it, etc, etc. Fourthly, how the garage looked from our property. (ie, photographs of unpointed brickwork, lumps of cement at the base spread over our driveway, cement on the brickwork - plus photographs of damage caused to our garage by their builders.

I also sent an additional letter into the planning department a few days later to advise them that the garage had not even been constructed with proper footings or onto any sort of base. The back wall of the garage (the part attached to the back wall of their new extension) did have footings, but the rest of the build did not. The entire side wall and the front two pillars/overhang were just laid onto the existing driveway base - ie, tarmac laid by gypsies in the mid 1990's.

I thought that this would have been enough factual information and photographic evidence for them to reject the application. However, I fear for the worst.

I contacted them today about a related issue in respect of one of the letters I sent in and thought it would be a good chance to find out how the case was going. Nothing negative was said...but you know when you are not receiving the right signals don't you? I felt as if she was saying 'as long as the bricks match...that's all we are bothered about!! The person dealing with the case also mentioned something quite disturbing that some of you may be able to help me with. She said that the fact it was not built without proper footings is of no interest to them. (????) She went on to say that as the neighbour used an independent inspector, that meant that it was nothing to do with them and that I should contact the independent inspector. I think that this was another of his 'friends' so that wouldn't do me a great deal of good anyway. Surely someone must be responsible for dealing with illegally built buildings - or is anybody allowed to build without footings nowadays?

Anyway, the way I look at it is that I have two main reasons for them to reject the application.

1) They have built onto my mum's land.
2) The building hasn't been built on proper footings.

It seems as though these two points aren't going to make any difference whatsoever and it looks like the retrospective application is going to be passed.
To any normal person, this seems like such an injustice. The fact that you can be minding your own business and someone can build without footings, onto your land, damaging your property in the process, just seems ridiculous.

I just wondered if any of you had any urgent, helpful advice for me in this matter. Anything at all would be very much appreciated.
 
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What you describe doesn't seem to be a planning issue - it's one of trespass and building regulations.

It's perfectly legal/normal to apply for planning permission to build something on land you don't own, or that straddles boundaries.

Footings and quality of workmanship is at best a building regs issue.

The plans may well be passed, but don't be disheartened, it's just that you're probably not complaining to the right people - Building regs, and your solicitor.

Gary
 
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This really seems like a civil matter rather than building regs, and certainly not a planning issue. (Planners don't normally concern thenselves with structural issues or disputes over boundaries).
I suspect the only recourse is to apply for an injunction to have the garage wall moved back. However, this would incur costs, and as an injunction is a discretionary remedy, there is no guarantee that a judge would order removal of the tresspassing part.
As your Mum has to live there, does she really want to get involved in a protracted legal dispute? Could you put some trellis up to hide the unsightly workmanship?
 
Thanks guys

I agree with you that it would be better to seek legal advice, but money really is an issue at the moment and I was hoping to avoid that. Plus, I have been slightly frightened off by a legal advisor who told me that some judges don't look favourably on boundary disputes and can use 'something??? minimus' to throw out a case even if you can prove that it is on your land.

Having no previous problems and no need to deal with them, I wrongly assumed that the planning department dealt with everything to do with the building in it's entirety. I didn't realise that planning issues/compliance issues/building control/regulations were dealt with seperately.

Anyway, I spoke to the building control department this afternoon who confirmed to me that my neighbours building inspector didn't sign off the attached garage - only the rear extension. As this is a new application, no inspector has viewed it and with it having no footings and not conforming to building regulations...they are going to investigate the matter.

So...fingers crossed.

Thank again.
 
Anyway, the way I look at it is that I have two main reasons for them to reject the application.

1) They have built onto my mum's land.
2) The building hasn't been built on proper footings.

Forget number 2. It's not relevant and wont help you

Number 1 is not much help either. Anyone can apply for planning permission on land they don't own. All that is needed is that the correct notice form be filled in to notify the land owner.

The permission does not give the right to build on other's land without their permission though, it just authorises the development in planning terms.

Obviously there will be a dispute over the ownership of a strip of land. This will be a civil matter. The courts do take a dim view of litigation for trivial matters, so there should really be some demonstrable loss or impact, rather than just the fact that a building may cross a boundary by a few inches. Plus it is very expensive to litigate - costs may be disproportionate to any damages.

Get some legal advice. Pay for an hour or two of a specialist Solicitors time - not just your run-of-the-mill bloke Solicitor though.

It's seems to be a typical bullying situation. The solution would normally be direct action or legal action. It seems that neither may be feasible.

You could make a formal complaint to the council about any potential conflict of interest of one of their members. And you could take this to the Ombudsman if not satisfied. But this still wont get the structure removed
 
Boundary disputes can prove very time consuming and costly. Sadly, your a bit late now, the objections need to be raised at the earliest possible opportunity, possibly followed up with an injunction to halt works until the matter has been resolved.

Have a look here: http://www.gardenlaw.co.uk/ Quite a few others in a similar situation, and plenty of tales of woe to go with them..... :cry:
 
In-laws had a very similar issue with a neighbours project stepping over property boundaries.

The official wheels turned very slowly but in the end it was jollied along by a public interest article being done in the local newspaper. They got a building inspector to visit and then reported on the fact that the extension hadnt been built to the planning permission that was granted.

In the end the council didnt like the adverse publicity and decided to act on the report submitted by the newspaper. The side wall was moved back inside the property boundary and a fence erected to hide the neighbours extension.

There was enough local interest that the neighbours actually moved out about 6 months later!

Sometimes it is necessary to make a noise if you are not getting the response you require!
 
I think that you are right. Maybe a word with the newspaper might be in order here. I'm just amazed by the number of loop-holes and reasons why the council 'can't' do something. I suppose that it is like many aspects of this modern day society. The people in the wrong have all the rights. Morally, this extension is completely wrong - has been from start to finish. Getting anyone to do anything about, however, is seeming impossible.

I'm sure that it would make a good story though - councillor friend involvement, stolen land, damaged property and devoid of any building regulation compliance.

Why do I get the feeling that this would have already been sorted out if it had been done by a planning officer's neighbour??

I remain in a state of disbelief and numbness. :eek:
 
If they have built unto your mums land then the easiest option is to dig a 3 meter deep trench (or deeper) close to the foundation. 12 ton excavator needed.
No law stopping you doing that.

Their house extension will fall into it when the bank collapses. :LOL:

Just say you were installing a geothermal system and the digger man got a little carried away. :mrgreen:
 
Hahahahaha!!!

Well that's an option I hadn't worked out.

Knowing my current luck though....it would probably collapse on top of me.

At least that put a smile back on my face!
 
Were currently waiting on the go ahead to demolish £50k worth of farm buildings because the next door neighbour objected to the farm activities.

Court case over and planners have accepted full responsibility and the tax payer is funding a complete new project on another site to the tune of something like £100k.
Yes the tax payer is getting shafted on this one with hiked up invoices whilst the guy (mid fifties) who won the case sits at home on a fat pension (ex prison officer) shelled out again by (you guessed it) the tax payer. :mrgreen:
Ain't life great. :mrgreen:
 

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