Neighbour's Decking - Council Choosing not to enforce

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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Fri Dec 08, 2017 11:39 am

arborlad wrote:
The Spartan wrote:
Collaborate wrote:When they measure height they take it from the lowest point closest to the house. It doesn't matter that it's high near the boundary wall. If it's less than 30cm high where it meets the house the height won't make it unlawful. It mustn't cover more than 50% of the area of the garden (including outbuildings and extensions)


Even in that case, it is still over 30cm in height and as you've said it does indeed cover more than 50% of the area of the garden. In fact it covers the entire back garden




Is that the remnants of the retaining wall we can see?...........it looks more like a backfill of weak lean-mix to fill a gap.


It is, but according to the council it's the residents responsibility even though they have no documentation at all relating to the wall. They've assumed it was built at the same time as the estate though it was never checked by highways or building control, it's been the subject of a lot of emotion given that my wall is still standing and it's 4 - 5 metres in height and the house is a closer to it. Still the council will not take any responsibility for it despite it never being built properly, oh well there's not much that can be done about it, I made a few enquires about anchoring but was told I'd have to get core sampling done at a cost of 2 - 4k before they could tell me whether it could be done.
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby arborlad » Sun Dec 10, 2017 6:30 pm

The Spartan wrote:
arborlad wrote:
The Spartan wrote:
Even in that case, it is still over 30cm in height and as you've said it does indeed cover more than 50% of the area of the garden. In fact it covers the entire back garden




Is that the remnants of the retaining wall we can see?...........it looks more like a backfill of weak lean-mix to fill a gap.


It is, but according to the council it's the residents responsibility even though they have no documentation at all relating to the wall. They've assumed it was built at the same time as the estate though it was never checked by highways or building control, it's been the subject of a lot of emotion given that my wall is still standing and it's 4 - 5 metres in height and the house is a closer to it. Still the council will not take any responsibility for it despite it never being built properly, oh well there's not much that can be done about it, I made a few enquires about anchoring but was told I'd have to get core sampling done at a cost of 2 - 4k before they could tell me whether it could be done.





I was afraid that might be the case, it was very poorly built and in a very poor condition before its collapse, which doesn't bode well for 'your' wall, although you might take some comfort in knowing that, whether formally or otherwise, I feel sure your wall has been looked at very carefully by someone qualified.

There is a presumption that where you own land that abuts a highway, you also own the boundary feature attached to that land, a retaining wall can also be a boundary wall.

Which came first, the highway or the houses?...........if the highway came second and the land was lowered, it would be the highways responsibility to retain your land.
arborlad

smile...it confuses people
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Mon Dec 11, 2017 10:44 am

arborlad wrote:Which came first, the highway or the houses?...........if the highway came second and the land was lowered, it would be the highways responsibility to retain your land.


We have no evidence to say which came first, but I've been told by some of the other residents who've been here since the estate was built, that the wall was built so the highway could be put in and then the development came later. The worst part about it all is we can't even find anything relating to the houses, I'm not even sure the house puts a surcharge on the wall or not or whether it was built on a raft or strip.
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby despair » Mon Dec 11, 2017 4:38 pm

Have you tried going right back to the planning permision and buildings regs which are probably on microfiche at your council offices

They could prove very interesting
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Tue Dec 12, 2017 10:00 am

despair wrote:Have you tried going right back to the planning permision and buildings regs which are probably on microfiche at your council offices

They could prove very interesting


Hi Despair

We did and a lot of what we were looking for is 'lost' it's almost as if they knew it was going to be a problem and made all the relevant documentation disappear.
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby despair » Tue Dec 12, 2017 1:21 pm

for all of the houses or just the dodgy one in question ?

what about ariel photos try your local history society ...should show what land was like before the building
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Tue Dec 12, 2017 4:59 pm

despair wrote:for all of the houses or just the dodgy one in question ?

what about ariel photos try your local history society ...should show what land was like before the building


All of the houses along the retaining wall, we can find some documentation before approval was granted for the housing estate and for a few years after the estate was built but nothing in between.

Good idea I'll check it out, thanks.
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby despair » Tue Dec 12, 2017 6:53 pm

If the
Land was lowered for the houses the developer is responsible

If it was altered for a road the council is responsible
Its probabky why documents have gone awol

Have you involved your local councillor
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby jonahinoz » Wed Dec 13, 2017 10:45 am

[b]Apparently they're in the process of getting the wall rebuilt though they've not got anyone to take the job just yet, [/b

Hi,

What exactly does the Party Wall Act have to say about excavating below the bottom of your foundations,

... within 3 metres of your foundations, OR

... through a line projected at 45 degrees from the bottom of your foundations?

I'm guessing that one or both will apply, if they dig even shallow foundations for a new wall. And as for a retaining wall .... thickness to be half the height of the siol retained. ??? Should Building Control be involved? I think BR need a court order (or something) if the development took place more than 12 months previously.

Do your neighbours have friends in "High Places".

John W.
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Wed Dec 13, 2017 8:34 pm

despair wrote:If the
Land was lowered for the houses the developer is responsible

If it was altered for a road the council is responsible
Its probabky why documents have gone awol

Have you involved your local councillor


We sure did and our local MP and it still came to nothing, we also hired a solicitor and had the information looked over by a barrister there's just not enough proof and a distinct lack of documentation to be able to pursue it. Not too mention it's already been quite costly :(
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Re: Neighbour's Decking - Council Choosing not to enforce

Postby The Spartan » Wed Dec 13, 2017 8:42 pm

jonahinoz wrote:[b]Apparently they're in the process of getting the wall rebuilt though they've not got anyone to take the job just yet, [/b

Hi,

What exactly does the Party Wall Act have to say about excavating below the bottom of your foundations,

... within 3 metres of your foundations, OR

... through a line projected at 45 degrees from the bottom of your foundations?

I'm guessing that one or both will apply, if they dig even shallow foundations for a new wall. And as for a retaining wall .... thickness to be half the height of the siol retained. ??? Should Building Control be involved? I think BR need a court order (or something) if the development took place more than 12 months previously.

Do your neighbours have friends in "High Places".

John W.


Hi John W

It has made me wonder if they do, I'm almost certain the council came to agreement that if they rebuild the wall that they would not pursue the decking, as for the points you've mentioned I'm going to look into them. We've not been notified of any intended work as yet by the neighbours or LPA, in fact the LPA have been less than forthcoming about what is going on and have sought not to inform any of the neighbours.
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