Illegal development not on my land but council are trying to pursue me?

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paddywhacker

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Am in a bit of a pickle, am going to see solictor tommorrow but hope to get some opinons. I got a letter from the council serving an enforcement order on an illegal development (a wall) on a site adjacent to mine. (BTW this is a completely different property to the one I mentioned in previous posts)

Thing is, this illegal development is not on my land and has nothing to do with me, but because I made a retention application for something else entirely around the same time on my property, they seem to have lumped the two issues together. It's obvious from the land registry that I'm not the owner of the other site so I can't understand why they have fingered me for this.

Is there anything I can do?
 
You wont have anything to worry about if you didnt do anything wrong. :)
 
Soldier said:
You wont have anything to worry about if you didnt do anything wrong. :)
Click to expand...

Well, people can spend an awful lot of time and money convincing a bureaucracy that they are wrong.

OP, have you tried the direct approach of calling the signatory on the enforcement order and telling them that it's not your land?
 
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OP, would it bother you if the unauthorised development was ultimately demolished by court order? If not, just write back saying-"not owner". If it's interfering with your own application for retention then you are in a pickle alright. If you've tried and failed the direct approach and the council still believes it to be one folio then a solicitor is probably in order.
 
I would be inclined to write back to whoever issued the enforcement notice enclosing a copy of the title details and boundaries of your site and politely pointing out that the land that the wall is on is not part of your site and therefore they have served the wrong person. I would also ask them for confirmation that they have informed the planner who was dealing with your retention application that this wall does not belong to you and should not impact on any application made by you.

If you are correct about the boundaries, then that should be the end of the matter.
 
Yes, it is interfering with my application as the enforcement notice mentioned my supposed 'failure to address the illegal development' in my retention application!

I phoned them up but could get no one to listen to me, so I suppose I'll just have to get the solicitor to write back to them. Nightmare!
 
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