garden excavation

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Sadgardener2
Posts: 471
Joined: Sat Apr 16, 2005 1:32 pm
Location: West Yorkshire

garden excavation

Post by Sadgardener2 » Sat Aug 11, 2018 7:00 pm

Hi all
I just went to give my neighbour some tomatoes and courgettes and went to open the gate in the fence.... to find that they have dug out their whole adjoining garden some 5 feet or maybe more - so I was just looking down on this big drop!
This is their side garden and it is maybe 40 feet by 40 feet.
They have applied for planning permission to build an extension and they also hope to build a big garage, and an entertainment area. Planning permission was declined because their extension was too big. Bigger than the existing house. They are having to scale back.
Which is by the by.
I am just shocked that they can do this big ground surface change without building regulations or any kind of engineering advice. They have left 2 feet by the boundary and our fence just sits on the top of that looking a big odd.
We put the fence in for them because the lady of the house felt vulnerable when alone with her kids and her partner working away. Now it just looks daft.
Are they allowed to do this?

IdefixUK
Posts: 586
Joined: Mon Jan 01, 2018 12:07 pm
Number of topics per page: 25

Re: garden excavation

Post by IdefixUK » Sun Aug 12, 2018 9:01 am

Sounds like a swimming pool from your description,......or could the neighbour be putting in a geothermic heating system? What on earth have they done with all the soil?
I think a call to the Building Control Officer of local Council would be in order. How close to any of your house walls or any wall (not fence) along the boundary has the hole been dug?
The existence of a gate in the fence might indicate that you have a right of way through their garden, and now this route has been made impassable by the neighbour.
Regards

Sadgardener2
Posts: 471
Joined: Sat Apr 16, 2005 1:32 pm
Location: West Yorkshire

Re: garden excavation

Post by Sadgardener2 » Sun Aug 12, 2018 4:03 pm

Hi
no it is not near any house or structure, just a wooden fence. We have a long garden and this is way along the boundary. If it had been near the house I would have been onto Building Control like a shot.
They have made their garden level with their house from their street so that is what they were doing excavating all the soil.
They want a big garage and big fancy patio area and a two storey extension on the side of their semi.

They love our garden though. We love it here, they say to me. We love looking at your trees and garden so green. So we will cover all our garden with concrete and then enjoy the view. They beg us to live forever so that no development can happen in our garden.......
Except now, there is no view. They are way down there!
I can't find any legal help about this so I will have to put up with it and just hope the garden does not begin to slide down into the hole.
I was hoping for some legal guidance but it just is not out there or on here either. You can terrace and change your garden just as you like.
I do think they might have put in some retaining work pronto though.
They want a house like Grand Designs!
( It is a real environmental disaster, all this home improvement ambition).

IdefixUK
Posts: 586
Joined: Mon Jan 01, 2018 12:07 pm
Number of topics per page: 25

Re: garden excavation

Post by IdefixUK » Sun Aug 12, 2018 4:43 pm

Google this.....Easements of support and Slip- St John's Chambers.....facinating bed time reading!

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