Non compliance of a planning permission of a boundary wall

J

jthrppel

Registered User
Messages
12
Dear All
My question is about non-compliance of a specific part of a planning application and request any possible recourse that I can pursue.
My neighbour had applied for planning permission about three years ago for a single family dwelling on a supposedly 0.08 hectare plot behind my plot. We objected on the grounds that the plot area measurements were incorrect according to the land registry data and was encroaching into land I legally own and use.

We pointed out this error both to the county council and to the applicant at the planning stage. County Council rejected that planning application on the merit of our objections and perhaps other objections that we were not aware of. The confusion may have originated because of a 1.8 meter tall temporary wooden fence that I had erected for privacy and security few years back. The architect possibly, might not have been aware of actual boundary. This wooden structure is placed one meter inside my own land (from the legal boundary of my property) as in the land registry. The purpose of this 1 meter wide buffer zone is for maintenance of the fence and it’s surrounding, from both sides of the property that I currently own.

The applicant resubmitted the application with the addition of a 1.8 meter tall cement block wall with own foundation where the land registry determined legal boundary is. This was acceptable to us and we did not make any further objection. The planning permission was approved and the house was built. Occupants have moved in. However, the boundary wall has not been built. The owner of the property was asked about building the wall structure. The owner’s reply was he is not planning to build the wall structure. In addition, the owner has started using the approximately 20 square meter area (which legally I own) for permanent and semipermanent structures. My options are that I go through the court system but getting the case heard and resolved would be very costly even if I get court orders to reimburse me. I am also submitting a non-compliance notice to the planning authority pointing out the same

I would be extremely grateful to hear publicly or by email from knowledgeable forum members on this subject. Thank you in advance.
 
IANAL

There are two issues here.

Your neighbour has not (yet) built the 1.8m wall at the boundary.

Your neighbour is using your land for 'permanent and semi-permanent structures'

The second issue, accepting the facts as you have outlined them, is straightforward trespass and you can get on to your solicitor and tell them you want to take action immediately. A letter followed by court action. Looking for them to stop trespassing, looking for compensation for your loss of use of your property.

In something straightforward like this the court system is not too inefficient.

The first point. This is a matter for the council, the most you can do is write to them and ask them to act.
 
The LA may decide not to pursue their decision not to build the wall. Often features like that are not enforced, and they will consider the overall development as substantially in compliance with the planning obtained.

Placing boundary structures so far from the actual boundary is often the cause of confusion later on. If it's not possible or practical to erect a shared wall or fence, it would be far better place an alternative just inside your boundary. It's easy to remove wooden fence panels from concrete posts for maintenance so they are perfect for that purpose.

Have you spoken to your neighbours?
 
Thanks for viewing and commenting. We had communicated our desire to mark the actual boundary but the owner is non responsive. In one text exchange the owner wants invoke “squatters rights” to the 1m gap we had put in, although the owner had not shown the “squatter rights” in his revised planning application. As for putting up the wooden fence 1 meter inside the legal boundary, it was for the maintenance of hedges and small trees within the area from within my own property, Fence was put up years before the planning for the new construction. Nobody has lived or occupied the lands and/or property for 4+ years. As it stands now, the wooden fence is 1m to 2.3m away from the outside walls of the new construction. Moving the fence back to the legal boundary as shown in the planning application is another (cheaper) option. My sincere thanks again for your suggestions.
 
Why not just plant bushes and shrubs between the fence and the boundary - as the grow, they will stop the trespassing
 
The cheapest and easiest solution is for you is to mark your boundary with a fence.
Given what you have said about the resposne of your neighbour, he doesn't care about you. If he buillds on your land you will have a lot more hassle reclaiming it.
Being in the right won't make this easier.
Get a fence up now. Dont even think about waiting to grow plants next year.
 
Hi, thank you very much for pointing me to your encounter with neighbour's and the discussions there of. As I had indicated my neighbour had modified his declined planning permission to add in the 1.8 meter cement block wall on the legal boundary (within +/- a few millimeters). I was very pleased with that. However I had no idea that this could be gimmick to steal the 20+ Square meters that I legally own. I had used services of a chartered surveyor to authenticate the boundary to what is put in the land registry 28 years ago.
Thanks again
 
huskerdu said:
The cheapest and easiest solution is for you is to mark your boundary with a fence.
Given what you have said about the resposne of your neighbour, he doesn't care about you. If he buillds on your land you will have a lot more hassle reclaiming it.
Being in the right won't make this easier.
Get a fence up now. Dont even think about waiting to grow plants next year.
Click to expand...
The fence is in place for the past 8+ years but is one meter inside my legal boundary. Neighbour knows where the true boundary is because he resubmitted the planning application with the added boundary wall on the boundary and we did not make any further objections and the planning permission was granted. The neighbour is unwilling to put up the boundary wall.
Thanks again Husker
 
jthrppel said:
The fence is in place for the past 8+ years but is one meter inside my legal boundary. Neighbour knows where the true boundary is because he resubmitted the planning application with the added boundary wall on the boundary and we did not make any further objections and the planning permission was granted. The neighbour is unwilling to put up the boundary wall.
Thanks again Husker
Click to expand...
Yes, I understood that from your OP. The neighbour knows where the boundary and they dont care.
You will need to fix this problem yourself, by putting a fence ON the boundary,
 
jthrppel said:
In one text exchange the owner wants invoke “squatters rights” to the 1m gap we had put in, although the owner had not shown the “squatter rights” in his revised planning application.
Click to expand...

jthrppel said:
Moving the fence back to the legal boundary as shown in the planning application is another (cheaper) option.
Click to expand...

jthrppel said:
In addition, the owner has started using the approximately 20 square meter area (which legally I own) for permanent and semipermanent structures
Click to expand...

The reason I linked to the previous AAM thread is that there are similarities in both threads.

As others have mentioned above this is something that you will need to move quickly on as your neighbour is certainly taking advantage of the 20 square meters/you. His text referring to invoking squatters rights is disgraceful.

From reading all above it would appear that your options are:

1. Move your existing fence back to the boundary which is the best option to stop them using it
2. Like the poster on the other thread you will most likely need a strongly worded solicitor's letter include copy of surveyor's report
3. Speak to your local Council again and confirm your rights in light of the planning and let them know what's going on. On paper is
best so e-mail confirmation of who you spoke with etc.

Best of luck with your endeavours and do it now :)
 
jthrppel said:
In one text exchange the owner wants invoke “squatters rights” to the 1m gap we had put in, although the owner had not shown the “squatter rights” in his revised planning application.
Click to expand...
It would make no sense to include something like that in a planning application.

Given that you know they want to exercise squatters rights, you must move to prevent their access. The best way of achieving that is a new fence as close as possible to the boundary (you can't build on the boundary without their permission)
 
Thanks again Husker, Sue Ellen and Leo for all suggestions and explanations. I am going to start getting an application to enforce compliance of the planning application with reference to the 1.8m wall. As far as I understand, in the planning site review stage, the authorities must have understood the merits of my objection on the basis of deliberately encroaching in to my property. The property I own is 0.104 hectares that I purchased over 28 years ago from the same neighbour who is now wanting to grab the 20+ square meters that I legally own. If county council, enforce the planning permission, awarded to this neighbour, with a boundary wall on the legal boundary would be acceptable to me. Alternatively i can move the wall to the legal boundary if necessary have to erect new 4x4 wooden stakes concreted. Least favoured option for me would be to sell the 20+ sq. meters for the market value. I will update again on any outcome. Thank you all again
 
jthrppel said:
Thanks again Husker, Sue Ellen and Leo for all suggestions and explanations. I am going to start getting an application to enforce compliance of the planning application with reference to the 1.8m wall. As far as I understand, in the planning site review stage, the authorities must have understood the merits of my objection on the basis of deliberately encroaching in to my property. The property I own is 0.104 hectares that I purchased over 28 years ago from the same neighbour who is now wanting to grab the 20+ square meters that I legally own. If county council, enforce the planning permission, awarded to this neighbour, with a boundary wall on the legal boundary would be acceptable to me. Alternatively i can move the wall to the legal boundary if necessary have to erect new 4x4 wooden stakes concreted. Least favoured option for me would be to sell the 20+ sq. meters for the market value. I will update again on any outcome. Thank you all again
Click to expand...
That could take months or years and if he builds on the land, you may have to take legal action to get him to remove it, even if the council agree with you. The council may not to anything ot make him fix this . You have to do something,
 
huskerdu said:
That could take months or years and if he builds on the land, you may have to take legal action to get him to remove it, even if the council agree with you. The council may not to anything ot make him fix this . You have to do something,
Click to expand...

Exactly and do it now as everyone has said. Delaying is playing into their hands and they know it. County councils are notoriously slow.
 
jthrppel said:
I am going to start getting an application to enforce compliance of the planning application with reference to the 1.8m wall.
Click to expand...
For clarity, was the construction of that wall a condition of the grant of permission or just an element included in the plans submitted? If the former you have a much stronger case, if the latter the LA can decide that it's a matter for both parties to resolve themselves and would be a waste of taxpayer money for them to take action.
jthrppel said:
Alternatively i can move the wall to the legal boundary if necessary have to erect new 4x4 wooden stakes concreted.
Click to expand...
As above, if you go down that route put in the concrete H posts instead, they'll outlast you and you can lift in and out the fence panels to maintain both sides.
 
You must log in or register to reply here.
Back
Top