Advice Needed: Neighbour Raised Ground Level Without Planning Permission – What Are My Options?

[freddiemercurystwin]

Nonsense, nothing like what might be considered engineering operation.

 

[noseall]

Raising ground levels is a "engineering operation" in planning terms and may require planning permission

Eh?

 

[securespark]

A wider picture would be good, but if you could afford the space to widen the drive on the RHS, that would be ideal.

And if you don't want rubbish etc coming over, erect a 0.9m fence next to the dwarf wall.

It is all extra expense though.

 

[martygturner]

Raising ground levels is a "engineering operation" in planning terms and may require planning permission. There are no set measurements, so it's a matter of fact and degree as to whether the work should have require permission.

The other issues resulting from this work are not covered under any statutory legislation that you could use, nor under any common law civil action.

That's just bonkers and grasping at straws . 1. see for what you can do : https://www.planningportal.co.uk/pe.../paving-your-front-garden/planning-permission and 2 : the only guidance is for 30cm above the ground level, which it is not so is considered to be withing PP rights.

 

[^woody^]

Eh?

Planning law covers "development". And this is defined as "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

For buildings there is "Operational Developmnent" for new building, or "material change of use" for alterations to buildings.

For land, there is "Engineering operations" for physical alteration of land - in this context, raising of levels.

Engineering operations are not defined, although have been determined in various appeals and court cases which have become precedent.

It's fact and degree as to whether the OP will be an engineering operation. In this case, not only the raising of the ground level on the street scene, but also there is an element of retaining of the land - which has been previously determined to be an engineering operation.

So that's the only possible way under planning law I can see that the OP may have a chance.

 

[^woody^]

Other things to check would be the property deeds (and neighbours) or any covenant/easement or any placed generally on the estate.

 

[noseall]

Planning law covers "development". And this is defined as "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

For buildings there is "Operational Developmnent" for new building, or "material change of use" for alterations to buildings.

For land, there is "Engineering operations" for physical alteration of land - in this context, raising of levels.

Engineering operations are not defined, although have been determined in various appeals and court cases which have become precedent.

It's fact and degree as to whether the OP will be an engineering operation. In this case, not only the raising of the ground level on the street scene, but also there is an element of retaining of the land - which has been previously determined to be an engineering operation.

So that's the only possible way under planning law I can see that the OP may have a chance.

Taking a dip out of your drive is an engineering operation which requires PP?

Nonsense.

 

[freddiemercurystwin]

Once you're in that hole, you gotta keep digging.

 

[wessex101]

Technically Woody has a valid point. There was a post on here years ago concerning a simple raised deck and some "landscaping" and the planners went after the homeowner all guns blazing claiming "engineering works".
I suspect that there was a councillor involved somewhere or a very well connected disgruntled neighbour.
However in this case, unless the OP has a friendly councillor, I think even the most corrupt council would not dare to claim engineering works.

 

[affectedbyneighbours]

Thanks again all. Not sure if it makes any difference at all, but a photo from another angle. The whole engineering works debate is an interesting one.

https://imgur.com/a/ygf7xSS

 

[freddiemercurystwin]

No it's really not, it looks like they've merely inserted some vertical paving slabs to retain the base for the slabs. Engineering works it is not.

 

[noseall]

Technically Woody has a valid point

Dunner be daft. They'd need to be 300mm above the natural ground level to get Planning even remotely interested.

 

[Old Salt]

Talk to the neighbour or put a fence up on your side and be done with it.

 

[^woody^]

Taking a dip out of your drive is an engineering operation which requires PP?

Nonsense.

I've wrote it twice - fact and degree.

Strictly, raising ground levels is a planning matter, and for the third time - it's just a matter of fact and degree as to whether permission is required.

 

[noseall]

fact and degree.

Fluffing out posts with ambiguity doesn't help. Especially where Planning matters are concerned.