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

[affectedbyneighbours]

Hi all,


I’m looking for some advice regarding an issue with my neighbour’s recent landscaping work.


Our houses are on different levels, with mine being lower. The boundary between us includes a small dwarf wall on their side. My neighbour removed some shrubs and paved their side, raising the ground level so it now sits above the wall. This has created a drop straight onto my driveway.

Previously there was a slope that ran from the highway / pavement and then met the wall so this type of encroachment didn't occur.


This change is causing practical problems - balls and other items roll across and hit my car, rubbish and debris from the street accumulate on our property - as well as safety and aesthetic concerns (in particular choice of material that is now facing our property). We ultimately feel overlooked. I don’t believe they applied for planning permission, but I’m seeing different things when reading online around whether they needed it.


Before I approach the neighbour, I want to understand what my options are. Has anyone dealt with something similar? What would be the best way to proceed - talk first, get council involved, or seek legal advice? Any tips on how to handle the situation tactfully? - are there any clear sections of planning that they should have needed before doing that work?


Thanks in advance!

https://imgur.com/a/lB94O87

https://imgur.com/a/qmcRoxH

 

[HERTS P&D]

Easy, Build your wall higher.

Andy

 

[affectedbyneighbours]

Easy, Build your wall higher.

Andy

Seems an obvious solution however...

1. It isn't my wall, it's theirs.
2. The current level of that wall allows room to get the car door open as it opens slightly above it.

 

[Koolpc]

Just ask neighbour to raise the wall a bit. Or, live with it as is..

 

[affectedbyneighbours]

Just ask neighbour to raise the wall a bit. Or, live with it as is..

Thank you for the input. However, I'm still also keen to understand views on whether this should have required planning permission and where I stand from that perspective. Ultimately this seems to have become a "platform"

 

[freddiemercurystwin]

Typically only if it drains rainwater onto the highway when it didn't before would it require planning permission ie you could typically do that without planning permission. That said if its a newish development the houses may have restricted permitted development rights, that is restrictions on what can be done without planning permission. So you would need to look in your deeds and it will say in there what/if any restrictions there are. Even so, even if there are such restrictions, unless it's draining onto the highway (highway includes the pavement btw) then its unlikely a council would take any action, its not really in the public's interest to pursue it for such a minor infringement.

 

[Scally-Ho]

Take your photos to your local council office and seek their opinion as to whether permission was needed prior to commencing work.

 

[Old Salt]

Talk to the neighbour, he may raise the wall or he may let you do it.

 

[cdbe]

That looks horrible compared with what was there before (but if you hadn't seen before then not that bad).

If he'd set the edgings back a foot it would have left a nice planter trough which would have resolved most of it. Maybe he'd agree to you placing some planters on the wall.

 

[martygturner]

Take your photos to your local council office and seek their opinion as to whether permission was needed prior to commencing work.

Why, there is no planning issue whatsoever, the only regard to planning will be the treatment of the street scene, eg open front gardens or no fences as its known, that is the limit for planning on hard landscaping.

 

[affectedbyneighbours]

Why, there is no planning issue whatsoever, the only regard to planning will be the treatment of the street scene, eg open front gardens or no fences as its known, that is the limit for planning on hard landscaping.

Thank you. How about from a safety aspect? Would that be anything the council might be concerned with and enforce? With the new drop that now has no protection, could it be argued that it constitutes a safety problem as cars could now drive onto the area and fall off, children could fall off onto our drive. We're certainly experiencing issues such as balls coming across and hitting the side of our car door much higher up than anything would hit if it were at the same level. We are also having a lot of rubbish from the street accumulating on our drive

 

[freddiemercurystwin]

No, the level change needs to be greater than 600mm for a balustrade to become necessary. The car barrier thing won't get you anywhere for driveways.

 

[martygturner]

Thank you. How about from a safety aspect? Would that be anything the council might be concerned with and enforce? With the new drop that now has no protection, could it be argued that it constitutes a safety problem as cars could now drive onto the area and fall off, children could fall off onto our drive. We're certainly experiencing issues such as balls coming across and hitting the side of our car door much higher up than anything would hit if it were at the same level. We are also having a lot of rubbish from the street accumulating on our drive

Look I know its brutal, but people have a right to do what they want on their property...before you had what 2ft of planting you now have 2ft of paving...there are no safety issues and nobody will take your side from any agency. If you are unhappy you need to go and talk to your neighbour, but expect them to tell you to jog on. all they have done is make a space for a bench....

Have they infringed on your property.. no
Have they made your driveway smaller no, you were using their property to get in and out of your car... so who infringed who... you did. Would you dry your pants by hanging then over the fence ?

Modern houses come with narrow driveways, you bought that driveway and if its not suitable you need to do what you neighbours have done and widen it ....

 

[affectedbyneighbours]

Look I know its brutal, but people have a right to do what they want on their property...before you had what 2ft of planting you now have 2ft of paving...there are no safety issues and nobody will take your side from any agency. If you are unhappy you need to go and talk to your neighbour, but expect them to tell you to jog on. all they have done is make a space for a bench....

Have they infringed on your property.. no
Have they made your driveway smaller no, you were using their property to get in and out of your car... so who infringed who... you did. Would you dry your pants by hanging then over the fence ?

Modern houses come with narrow driveways, you bought that driveway and if its not suitable you need to do what you neighbours have done and widen it ....

Thanks. It's exactly why I came on here to understand viewpoints before I go and stir up a subject that I will hit a dead end with. I might have to consider erecting some form of barrier to private our house with a bit more privacy and protection for the car, and as you said, look at widening the driveway. Not ideal but thanks again for everyone's input.

 

[^woody^]

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.