flooding

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zephyr1961
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flooding

Post by zephyr1961 » Thu Feb 18, 2016 9:25 pm

Hello peeps,
came across this site by chance after searching the net for advice on problems with neighbours.

My lovely neighbour has decided to build a tennis court in a field next to my garden.

I believe he lied to the council about his curtilage and they granted him permission with out planning.

Any putting that aside, i now have flood issue because he has taken so much soil off the the land it now just comes on to my land.

I have spoke with the council and they kindly told me it is now a civil issue, tossers.

I have found out that he must contain any rain water in a soak away or divert it with his curtilage.

has anyone elese had these problems

jonahinoz
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Joined: Fri Aug 05, 2011 5:15 pm

Re: flooding

Post by jonahinoz » Fri Feb 19, 2016 7:29 am

<<< I believe he lied to the council about his curtilage and they granted him permission with out planning. >>>

Hi Zephyr,

I'm guessing his Planners did what mine would do.

Your neighbour asked for confirmation that his proposed tennis court was Permitted Development, and the Planners agreed that it was (in writing) and will have charged him half the normal Planning Fee. It is not necessary to confirm, in advance, that a development is PD, but if challenged, the full fee will be payable, and it might be refused.

You seem to be claiming that your neighbour has apparently done a PD on part of his land, and on part of your land. There is nothing in the rules to prevent you applying for Planning permission to build on his land, so maybe the same applies to PD. ???

It could be interesting for your neighbour if you have already exhausted your PD rights. And could be even more interesting for YOU, if your neighbours tennis court has exhausted any potential PD rights that you may wish to use in the future.

Or perhaps, although your neighbour may have claimed he owned land that he didn't own, to boost his square-footage (used in calculating how big a PD development is allowed) his tennis court is still within his own boundary. If that is the case, maybe the worst that would happen would be that your neighbour will need to apply for Retrospective Planning Permission. Would RPP be granted?

Tell your Planners that you will be making a PD application for development in your garden, including your neighbour's garden in your calculation ... "and that will be OK, won't it?"

John W

zephyr1961
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Re: flooding

Post by zephyr1961 » Sat Feb 20, 2016 2:41 pm

No he owns the land, it is his.

But i think he has stretched his curtilage, or should i say lied.

He cant build under permitted development a tennis court. Part F only lets you build a slab 5 mts square. a tennis court is a tad larger than that.

The council have cocked up.

he also has a legal obligation to ensure that any run off water stays with in his curtailage.

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