Problem Neighbour and Planning - Harassment?

[mdj1]

Hi All,

So after a bit of advice.

Background....

Last year we purchased a small strip of land next to our new house due to the trees on this land causing subsidence and no one wanting to take responsibility for it.

Once we had purchased it we erected a heras fence to stop anyone getting hurt should the wall fall down.

A neighbour complained to the council. Making all sorts of claims. To cut a long story short he has continued to make complaints on a regular basis to the council, he's a serial complainer and the council have said as much.

Every time he complains the council have to follow it up and this has lead to untold calls and letters from the council and a lot of un needed alarm and stress.

We put a planning application in to put a new fence on the boundary and install a replace a single story side extension. He kicked off with the planning and made all sorts of claims, all false. He even put notes / letters through every neighbours house trying to drum up support for his campaign against me (he works in planning for the county council so knows his stuff and the local city council hate it)

Due to unreasonable requests from the council with regards to the boundary fence I removed it from the application and will do what I like under permitted development.

I don't think this went down to well with him, as he didn't get his way!

So planning was granted for the extension on FRIDAY. Today I receive a call from the planning enforcement office asking when I'm going to start the work as they've received yet another complaint telling them that the heras fence has been there too long and I have to remove it.

They said they are obliged to follow through with it, however they won't as I can counter their claims. To be fair the local council enforcement team have been very understanding, They don't seem to like this guy as much as me, but today I really did flip my lid.

I'm now considering taking this further. Am I right in saying that although not directly I can claim harassment from this guy? He's making our lives hell at the moment and putting a strain on my marriage.

What are my options here?

I'm thinking of making a FOIA and EIR request to the council to release all information pertaining to me and my house, planning application.

I will then use this and other evidence to file with the courts for release of this guys information and then file a civil / criminal complaint for harassment. If he continues I will ultimately take out an injunction.

I've spoken to a lot of neighbours and he's caused hell for a lot of them.

Ideas please.....

 

[^woody^]

Speak with someone specialising in harassment law, not planning law.

Btw, any FOI request won't have any mention of the neighbour or any complaint that could identity him.

 

[mdj1]

I know that the the will have to remove the personal details. I just want to know what ridiculous claims he's tried to make.

 

[Notch7]

There are a few nasty people around, that thrive on spite. They arent easy to ignore if they are neighbours.

Unfortunately in this country there is little that can be done. The legal disputes dont usually offer protection, just make lawyers richer.

 

[mdj1]

Harassment is very much frowned upon. I won't tolerate it and the courts don't either.

 

[^woody^]

I know that the the will have to remove the personal details

Not just the personal details. Anything they can identify him will be withheld. That could be whole complaints.

 

[Nakajo]

while I sympathise, I don't really see how this course of action is going to make things better.

 

[Notch7]

Harassment is very much frowned upon. I won't tolerate it and the courts don't either.

It may be frowned upon, but will anything actually be done. Im doubtful, the police dont even investigate all burglaries now.

 

[garyo]

Some people just need something to worry about don't they. Can you put an outline planning application in for a couple of houses in the field opposite/behind his house. The agent can be a random fictitious architect somewhere else, and it'll get him off your back for 8 weeks and amuse you in the process

 

[mdj1]

Hahahaha love it!

 

[mdj1]

And Notch. It's not really a police matter, it will be a civil matter through a criminal court.

He goes out of his way to try and hide who he is, so he won't want to his details to be made public. I think just the threat of his details coming out will be enough to shut him up!

 

[clifford1]

It sounds as if he is trying to wind you up, and you are letting him succeed.

You have established your rights - just ignore him and carry on.

 

[mdj1]

That's no fun.

 

[^woody^]

Could you ask the neighbour to post here so that we can get his side of the story?

 

[motorbiking]

Unfortunately he has a right to state his objections to the council and a FoiA request is going to be a waste of time. None of this amounts to harassment. sec 1,3 https://www.legislation.gov.uk/ukpga/1997/40/section/1 gives him a defence.

However, you might have more luck with the letters he put through neighbours doors, depending on content. You have to ask this:

1. will this all blow over once I've built my extension?
2. do I really need to sue him for harassment and will the cost and award be worth him never letting it go?

If you really are set on 2, them a warning is worth the ink, but I'd advise against it.

before you do anything ask yourself this: - is it your conduct he is objecting to or is he mounting a personal campaign against you?