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.
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.