Neighbours Rights to open and clean windows

COGGY
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Re: Neighbours Rights to open and clean windows

Post by COGGY » Mon Aug 03, 2015 11:06 pm

Hi Mac

Uncivil or not there is no way he is coming round here to clean his windows. We were open and friendly for many years. Even when it became obvious they were being funny we tried to ignore it. One day we received an email telling us he was coming round to change the glass in his window. We replied that we would not be home that day and as we no longer trusted him we wished to be present. The afternoon ended with a big argument, the police called and a great deal of upset. We have had to spend a great deal of money to safeguard ourselves and our property and there is no way he is coming round without a serious reason. Cleaning windows does not come anywhere near to that.

Kind regards
Coggy

COGGY
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Re: Neighbours Rights to open and clean windows

Post by COGGY » Mon Aug 03, 2015 11:07 pm

Forgot to say my husband agrees that cleaning windows from his roof is not reasonable. Coggy

arborlad
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Re: Neighbours Rights to open and clean windows

Post by arborlad » Tue Aug 04, 2015 9:18 am

despair wrote:just email
admin@gardenlaw.co.uk and ask them to do it

You'll have to do this.

This hasn't worked.


arborlad wrote:
COGGY wrote:Hi Aborlad

Please could you tell me how I can put both threads together?

Thanks
Coggy

A request has been made.
arborlad

smile...it confuses people

jdfi
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Re: Neighbours Rights to open and clean windows

Post by jdfi » Tue Aug 04, 2015 9:42 am

Make him apply under the Access to Neighbouring Land Act for permission to come.

One thing to be wary of: are the original sash windows old enough to have acquired a right to light.

COGGY
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Re: Neighbours Rights to open and clean windows

Post by COGGY » Tue Aug 04, 2015 11:25 am

Hi jdfi

We have opaque perspex in front of the windows which allows light through. The only difference now will be that this perspex will be moved closer to the window and will have strong (wide gaps) metal mesh in front of it. This is because he will certainly attempt to move it by bashing it. We have shrubs growing our side of this perspex which is permitted by law. We are not nasty people. For years we cut down anything growing in front of his windows, apart from a jasmine growing between the windows, in situ before we moved here. Sometimes that would grow from the side partly over their window. The wife would then "treat" it, what with we do not know (it died and we have a video of her "treating" it). The local police agreed that she had destroyed it.

He was sent a letter 3 years ago saying that he would only be allowed round on providing written assurance that he would not damage or destroy our property and the date, time and purpose be agreed before.

Thank you.
Coggy

Roblewis
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Re: Neighbours Rights to open and clean windows

Post by Roblewis » Tue Aug 04, 2015 10:15 pm

I think one needs to establish just when the original sash windows were removed and the current type inserted. This date will be the start point for the gaining of any easement to have outward opening windows over your boundary. Less than 20 years and your home and dry to the installation of any restriction to the opening width.

COGGY
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Re: Neighbours Rights to open and clean windows

Post by COGGY » Wed Aug 05, 2015 12:54 am

Hi
The original sash windows were replaced with upvc between November 1987 and March 1988 when the property was empty. The Planning Officer and Enforcement Officer both said when visiting that such windows would not have received Planning Permission, both because they open over our property and because they are upvc in a Grade 2 listed property. When we applied for Planning Permission for our garden room it was first refused as the Conservation Report stated that "The approach to this Grade 2 listed property should be open". This is a huge joke as the lean-to is really ugly. Plus their whole garden is surrounded by large trees and shrubs, completing hiding the house from view. There was originally a farm on this land and the lean-to is part of the very old wall which goes all along that side of our property. It was when we applied for Planning Permission that things got extremely bad. He is a Councillor and his wife did work for the Council. I knew when our first Application was refused before it came on the Planning site at 12 midnight as they were looking out of their window laughing at us at 10.30pm. Sure enough at midnight we saw the refusal of Permission on line. I think it is understandable that we were very angry and then began to research the work done by them to their property and discovered that they had done other work without Planning Permission plus the upvc windows which would not have been permitted in a listed property. They were allowed to keep the windows and we were given an amended Planning Permission. Having the plans redrawn was fairly expensive, plus the cctv and having wrought iron railings around our front garden purely to keep him out as he threatened to come round whenever he felt like it, which of course he could do for over twenty years. Also the cost of the barrier which we actually needed to protect our plants. Our garden is important to us and we have spent a fair sum on it which gives us great enjoyment in our retirement. Well my husband is definite that he is doing the amendments, he has been busy for the last three days and it is not complete yet. The windows will still be able to open but heads and arms will no longer be able to come out at will. I actually do not think it is reasonable at all for them to continually put heads, arms and child's fishing nets into our property. I am sure if we did the same into their garden they would be up in arms.

Thank you for the support.
Coggy

mr sheen
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Re: Neighbours Rights to open and clean windows

Post by mr sheen » Wed Aug 05, 2015 7:55 am

So you had PP refused and it cost you to then get it.....the background now explains the seething ill will against the neighbours and the actions you took which were over the top and for which they are no doubt 'up in arms' like you are. This battle will long continue. You are here seeking ways to aggravate and inflame the situation more and when you do, they will no doubt find ways of getting you back. :roll:

No doubt you won't like my opinion again but some of us here seek ways to resolve disputes rather than create and inflame them.

despair
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Re: Neighbours Rights to open and clean windows

Post by despair » Wed Aug 05, 2015 12:48 pm

Mr Sheen

That's very harsh and uncalled for

The fact remains its the neighbours who changed windows from sash to opening and have done several things which would not have gained PP as theirs is a listed building

The OP has tried to be concillitory but understandably is at end of their tether by the totally pathetic and stupid behaviour from next door

The neighbours are pathetic morons who have used their benefits of councillor and council employee to circumvent the rules that should have applied to them and have used the same benefits to try and block the OPs extention

arsie
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Re: Neighbours Rights to open and clean windows

Post by arsie » Wed Aug 05, 2015 2:17 pm

despair wrote:Mr Sheen

That's very harsh and uncalled for

The fact remains its the neighbours who changed windows from sash to opening and have done several things which would not have gained PP as theirs is a listed building

The OP has tried to be concillitory but understandably is at end of their tether by the totally pathetic and stupid behaviour from next door

The neighbours are pathetic morons who have used their benefits of councillor and council employee to circumvent the rules that should have applied to them and have used the same benefits to try and block the OPs extention
+10

Roblewis
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Re: Neighbours Rights to open and clean windows

Post by Roblewis » Wed Aug 05, 2015 3:07 pm

Work carried out on a listed structure requires Listed Building Consent and it is not time barred for non enforcement of planning as it is a Criminal offence not simply a planning breach. Go back to your planners and ask just why they have not prosecuted the neighbour for such a material change to a listed structure without relevant consent. Whilst the planning authority still issues a Listed Building Consent it is NOT Planning Law that is being considered.

Collaborate
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Re: Neighbours Rights to open and clean windows

Post by Collaborate » Wed Aug 05, 2015 3:35 pm

Roblewis wrote:Work carried out on a listed structure requires Listed Building Consent and it is not time barred for non enforcement of planning as it is a Criminal offence not simply a planning breach. Go back to your planners and ask just why they have not prosecuted the neighbour for such a material change to a listed structure without relevant consent. Whilst the planning authority still issues a Listed Building Consent it is NOT Planning Law that is being considered.
I didn't know this.

OP - Coggy - isn't your solution to be found here?

Also - (just floating a balloon here) if the neighbours take this to court (after their window opening has been blocked) would they not be denied relief as the installation of the thing they want to open was a criminal act?

robj191269
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Re: Neighbours Rights to open and clean windows

Post by robj191269 » Thu Aug 06, 2015 12:05 am

A metal washing line pole embedded in concrete on the boundary in front of each window with your perspex attached to the poles would stop this :wink:

despair
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Re: Neighbours Rights to open and clean windows

Post by despair » Thu Aug 06, 2015 12:30 am

DITTO

COGGY
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Re: Neighbours Rights to open and clean windows

Post by COGGY » Thu Aug 06, 2015 10:29 am

Hi

Thank you all very much for your support and suggestions which are much appreciated. We now have a lot to consider and investigate.

Mr Sheen, it appears that you are lucky enough not to have experience of difficult neighbours. Neither had we until 4/5 years ago. However that did not prevent us from having sympathy and empathy for those who did have problems with neighbours. I am completely at a loss to understand how you believe that we are provoking our neighbours. This was most definitely not the belief of the police who were called on several occasions 3/4 years ago. In fact they commented on the fact that our emails to the neighbour were concilliatory while theirs were provocative. Possibly you would benefit from reading your posts on several threads on this site and putting yourself in the position of the poster for a few moments. I sincerely hope that you are never subjected to harrassment by your neighbours.

Coggy

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