Neighbour disputing boundary, building extension. Help pleas

Re: Neighbour disputing boundary, building extension. Help p

Postby loveka » Sun Dec 13, 2015 10:03 am

No, the right of way- which we bought- is not the reason for the boundary dispute. The right of way was along the side of the neighbours house/our house. The boundary is between the gardens. We have documented proof that the boundary between the gardens has been the same for 18 years minimum. So the current boundary is the boundary! He refuses to accept this, despite me quoting the relevant case law, land registry statements etc.

My concern now is that he may build on this 8 inch wide strip anyway, as the plans he has submitted to the council show his extension over this piece of land. The council say they won't get involved with boundary issues, so I am worried they will approve his permitted development from the plans he has submitted and he will see that as permission to build on our land.
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Re: Neighbour disputing boundary, building extension. Help p

Postby COGGY » Sun Dec 13, 2015 12:46 pm

Have you posted on the Planning site an objection to this application which is including land under your ownership? It may not mean much to the Planning application but may be useful to support your case in future. Coggy
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Re: Neighbour disputing boundary, building extension. Help p

Postby arborlad » Sun Dec 13, 2015 2:03 pm

loveka wrote:My concern now is that he may build on this 8 inch wide strip anyway, as the plans he has submitted to the council show his extension over this piece of land. The council say they won't get involved with boundary issues, so I am worried they will approve his permitted development from the plans he has submitted and he will see that as permission to build on our land.




What scale are the plans?
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Re: Neighbour disputing boundary, building extension. Help p

Postby loveka » Sun Dec 13, 2015 4:44 pm

I don't know the scale as I haven't seen them, he won't show me. He said it was the maximum allowed by the council, and thus the 8 inch dog leg wouldn't show up.
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Re: Neighbour disputing boundary, building extension. Help p

Postby COGGY » Sun Dec 13, 2015 6:27 pm

You should have received a letter from the Council regarding his Planning Permission, which will give you the name of someone to contact. You should be able to see the plans either on line or at the Council Offices. Have you also posted on line your objections to this application? Coggy
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Re: Neighbour disputing boundary, building extension. Help p

Postby despair » Mon Dec 14, 2015 10:45 am

You definitely need to examine the plans very carefully indeed

lodge a full objection not only on the fact its not his land but also the trespass of soffits fascias and gutters and overdevelopment of the site due to previous extentions ( only 40% increase from original is allowed )

involve your local councillor because they should investigate overdevelopment etc
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Re: Neighbour disputing boundary, building extension. Help p

Postby MacadamB53 » Mon Dec 14, 2015 11:20 am

Hi despair,

only 40% increase from original is allowed

is this true?

I know that the latest Permitted Development Order grants planning permission for extensions and outbuildings as long as it would not result in more than 50% of the curtilage is covered by buildings (subject to other conditions eg height).

where can I find information that confirms planning permission will be refused outright if the proposal sees the overall building's size (height? length? area? volume?) will be more than 140% of the original?

Kind regards, Mac
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Re: Neighbour disputing boundary, building extension. Help p

Postby Collaborate » Mon Dec 14, 2015 11:30 am

This explains all OP needs to know about permitted development for extensions.

http://www.planningportal.gov.uk/permis ... xtensions/
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Re: Neighbour disputing boundary, building extension. Help p

Postby jonahinoz » Mon Dec 14, 2015 10:37 pm

Hi,

My understanding is that up to 50% of the GARDEN may be developed without Planning Permission.

The garden area is whatever was not built on in 1946 (or something like that), and is the total of both front and rear gardens. Any development since 1946 is to be subtracted from the original area ... you cannot keep building on half of what was left after the last extension.

Stands back to await correction. :?

Of course, if you can influence members of the Planning Committee, all things are possible. If a planning application affects you ... you may examine the application prior to the Planning Meeting, and make written objections, which will be read to the committee. The applicant can read your objection, and make a written reply. Go to the meeting (boring at first). You may be amazed at how well some councillors are orchestrated.

I once attended a meeting in which the disused quarry next to my house was to be refused permission to be used as a goods vehicle operating depot. Councillor after councillor stood up to say why permission should be granted. One even suggested that the objectors were mistaking the site for some other quarry. The owner got his PP.

John W
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Re: Neighbour disputing boundary, building extension. Help p

Postby arborlad » Sat Dec 19, 2015 12:08 pm

loveka wrote:I don't know the scale as I haven't seen them, he won't show me. He said it was the maximum allowed by the council, and thus the 8 inch dog leg wouldn't show up.



Your architect will know what scales are acceptable, can he produce a drawing at that scale showing the boundary with a detail of that corner at 1:10. What is the measurement from that corner to the furthest edge of your fence?
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Re: Neighbour disputing boundary, building extension. Help p

Postby loveka » Thu Dec 24, 2015 11:23 am

It's 9 inches from the corner to the back of the fence.
The planning officer came round yesterday. He wasn't in so she came round to us instead and took lots of photos. Again, she said they won't discuss boundary issues. It seems bonkers.

We also realised yesterday that it may not be permitted development! I always thought that their side extension (which is the part they are extending back from) was built in 1932 and so counted as original. But it seems it could have been built in1964- this is what the neighbour said.
The council don't even check this it seems.

It probably makes no difference to the boundary issue if he does permitted development or has to get planning permission.
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Re: Neighbour disputing boundary, building extension. Help p

Postby arborlad » Thu Dec 24, 2015 12:01 pm

loveka wrote: Again, she said they won't discuss boundary issues. It seems bonkers.



Not really, the nice lady from planning doesn't own the land - you do, it could also mean that the resources of the Planning Department are wrongly used to resolve boundary disputes.
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Re: Neighbour disputing boundary, building extension. Help p

Postby loveka » Thu Dec 24, 2015 3:17 pm

I disagree! She said that we could apply to build on our neighbours garden, the council could give us the go ahead, then it would be up to the neighbour to stop us. It's not very joined up I don't think. It seems to force legal battles, as ours will probably end up being, and costing someone money to sort out. Whereas if the council just said 'can you prove you own this land?' it might stop people trying to claim land is not theirs!
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Re: Neighbour disputing boundary, building extension. Help p

Postby MacadamB53 » Thu Dec 24, 2015 9:06 pm

Hi loveka,

Whereas if the council just said 'can you prove you own this land?'

what would they be required to do if the applicant replied "yes"?

Kind regards, Mac
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Re: Neighbour disputing boundary, building extension. Help p

Postby loveka » Sat Jan 02, 2016 5:48 pm

We are just putting our objection on the permitted development up on the website.

I read somewhere that permitted development has to be on your own land, but can't find it on anywhere 'official' to quote it in our objection. Can anyone help please? Thanks.
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