How can I prove 4 years have passed?

[gnougnoume]

I live in a terraced house and in previous posts i have discussed the extension we are in the process of doing (just waiting for thames water to approve the change of location of the mahole).
On teh other side we have a 2 metres boundary treatment as the coucil call it, 1 metre wall and 1 metre fence. It is the front of the house but we thought it was the back when we built it 5 years ago as were we live it is quite obvious the back of the hous eif teh front even if it is not the case.
Anyway, our charming neighbour who already complained about the extension and went nowhere with it as it is allowed complained about the 2 metres wall/fence.
I still haven't received a letter fom the council but on the website it says:
Case Status:Breach established - Letter informing breach unacceptable

DocumentsNo enforcement notice currently issued

So what does it mean exactly?
The last version of google maps is 2009 so i have 3 years, before that it was google earth in 2007 but the image is very unclear. We can guess there is something in front of the house.
What else do i need to prove it was build over 4 years ago?

 

[jeds]

Anybody that can corroborate your version. e.g. neighbour on the other side or over the back (front?) Builder that built the wall. Any digital photos that have a date in the exif data.

 

[rjm2k]

try microsofts maps on bing, same as google maps but different dates and also different angles if you use the correct view.

in addition, any receipts for the fencing?

 

[^woody^]

The councils don,t spend their money enforcing every single planning breach they see. There has to be an overwhelming public interest to enforce, and not just a neighbour complaint.

Failing that, the onus is on the council to prove

 

[freddiemercurystwin]

I understood that finding proof lies directly with the homeowner not the planners ^woody^?

 

[^woody^]

Not really. If the OP swears (via affidavit, not at the planners) that the wall was built on 'x' date, then the planners would have to prove otherwise

 

[chapeau]

Not really. The onus is still on the applicant to prove his case, an affidavit simply makes his evidence a bit stronger than it would be if he sent it in written on the back of a fag packet.

Most honest people will not lie when they are told they can spend time in prison if they are found to be telling porkies under oath. It has no relevance on who has to prove the case.

However if the applicant can be specific in his letter written on a simple piece of paper, and the council have no evidence to counter his claim, the application should succeed.

 

[^woody^]

Not really. The onus is still on the applicant to prove his case, an affidavit simply makes his evidence a bit stronger than it would be if he sent it in written on the back of a fag packet.

However if the applicant can be specific in his letter written on a simple piece of paper, and the council have no evidence to counter his claim, the application should succeed.

None of that makes sense and is contradictory

First you say that an affidavit "simply makes his evidence a bit stronger", and then you say that if the applicant can be specific in his letter ... his claim will succeed

Well, which is it?

And to be clear, an affidavit is not "evidence" at all. It is a statement

Who is the applicant? Under CPR, there is a claimant and a defendant. In the OP's case the council would be the claimant, and as such the burden of proof [that planning breach has occurred] is on them.

 

[chapeau]

It all makes perfect sense if you read it properly and don't selectively quote one sentence from one paragraph with another sentence from another paragraph.

The OP would be applying for a certificate of lawful development. I.e he is an applicant as used in common English language.

This is found in Section 191 of the Town and Country Planning Act 1990, as amended.

The onus is on the applicant to satisfy the council. The council needs to prove nothing.

An affidavit is evidence used to support your case. When all the evidence is considered (including that provided by the council), a decision is made based upon whether the applicant has demonstrated 'on the balance of probabilities' that he has satisfied the requirements to have a certificate issued.

 

[gnougnoume]

I have an aerial picture of google map of 2009, very clear.
i have found a website with all the previous versions of google earth.
I have 2 pictures very unclear one of 2007 when it wa sbuilt, and one of early 2007 when it was not built.
One can see that there is nothing on the early 2007 picture but the other 2 are exactly the same.
I have pictures of when it wa sbuilt bbut when i transferred the pictures onto my pc, it showed the transfer date not the date it was taken. but i still found one from april 2008.
I still cannot believe why th eneighbour complained after 5 years all this because he could not do anything about the extension we are doing.
our surveyor spoke to him and he asked hinm why he complained about the extension and he replied that he had to protect his interests!!!!
when th ebuilders knowcked off the wall between the 2 gardens they were very careful not to put anything in his garden but that week it was raining qui te a lot and he complained that his garss was muddy and that we had to fix it as from yesterday!!!

loads of the neighbours in our street and the next 2 streets have erected 2 metres fences and no one complained, the council knows about it but if theres no official complaint they leave it alone.

 

[chapeau]

Just apply to the council for a Certificate of Lawful Development. The form will have a space where you can put all that, or just include it in a covering letter. Include the photos from google, it will be hard to argue that their data is inaccurate, and even then you only have to 'just' prove your case, it doesn't have to be overwhelming evidence.

If the pictures of when it was built has trees on it and the trees have grown as you might expect over four years then send that in too. Think of things like that.

If the only objection the neighbour can raise is 'protecting his interests' then unfortunately he has left it too late.

 

[^woody^]

It all makes perfect sense if you read it properly.

It makes no sense.

The OP's question relates to enforcement by the council. He is not talking about applying for anything. There is no applicant

So, if the council decides to take action, then it must prove it's case to the magistrates

An affidavit is not evidence in this context. A photograph, a dated letter, a dated application, a dated receipt are examples of evidence which could be used to support the statements within an affidavit, but the affidavit itself is not 'evidence' of anything

 

[^woody^]

Just apply to the council for a Certificate of Lawful Development. .

That's bad advice.

If the council think that the development is not out of time for enforcement action, and the development should have required formal approval then they wont/can't issue a LDC ... because it will not be lawful development. Further, they will then require a planning application which could then be refused.

Only apply for a LDC if development is unequivocally outside of the time limits for enforcement

 

[gnougnoume]

So what do I do? it is definitely 5 years ago it was built, google earth is from April 2007.

on the council website it says: I
Case Status:Breach established - Letter informing breach unacceptable

DocumentsNo enforcement notice currently issued

So basically they sent me a letter, there is a breach bit no enforcement ha sbeen issued. If they know the fence is to high and i have to reduce it why haven't they issued and inforcement notice?

 

[^woody^]

So basically they sent me a letter, there is a breach bit no enforcement ha sbeen issued. If they know the fence is to high and i have to reduce it why haven't they issued and inforcement notice?

Read post #4 again

Would your council spend £000's enforcing a wall which is a bit high?