CF Neighbours plans

[Arewe29]

I need to rant!

Got a letter from the council to say that my neighbours are building an extension, went around to ask for a full copy of the plans, as where we live (hill) will cause issues to our house. They said that they did not have any and that they did not know planning was even sought, bullshit!

I went online and yep there plans show that they are trying to build on our bloody land. Fuck me they must think I am stupid.

The online plans will show you the date of submission, and whether submitted by their agent on their behalf - or submitted themselves.

Speak to the council Monday, make it clear that they don't own that part of the land nir will you be selling it to them.

It shows they're planning to build on your land? Do they think they own it?

I think a picture might be needed

That won't affect the planning decision. It's possible to apply for planning permission over land someone else owns.

OP - you better point this out to your neighbour before they start any work

If its your land then call the council on Monday

Wow! It sounds like a very straight forward objection though.

I presume you don't get in. I can't think of any other reason for them to attempt this. Unless it's a baffling mistake.

We say hi if we see each other, they have not asked us to get a party wall agreement, first I knew was a letter from the council.

They want to build a terrace and the supporting wall as we are on a hill will be built in our garden according to the plans. it clearly shows the wall over the boundary (red dotted line) by 9 inches.

Do you not have a fence in place along the boundary? I can’t see how they would get planning permission on your land?!

Appeal in line immediately stating they do not and will not have permission or access to build on your land. Follow up with a call first thing Monday

9inches"... ??? - the land registry boundary isn't that precise ... just put in your objection re the extension, but if it is approved make sure you mark the boundary before the builders arrive. Couldn't get too worked up over 9inches myself as yet unless my garden was tiny - it's the sort of legal dispute that could escalate into ££££££££. Good luck!

Quickly buy some roman remains on ebay and bury them in that 9 inch area, that will set them back years, giving you enough time to procure some dinosaur bones

We have a fence along that boundary and they want to build a terrace/patio (our land is higher than theirs) and build a retaining wall on our land plus all of the footing for 5 meters so that they do not waste any space.

As my garden is above theirs and they will excavating the land it drops down by 1 meter and is 5 meters long.

Well that sounds like a pretty straightforward dispute then which would result in their application getting declined

I dont mind the planning application it would look lovely, just do not want it on my land. Which when they excavate should cause a landslip.

You absolutely can apply to build on land that you don't own,I did it when we built our house,as it was family land.Ownership is not a planning consideration,the planning dept normally write to the land owner informing them that an application has been received,but they probably wouldn't realise if it's only 9 inches off the boundary.
I would object,stating that it encroaches onto your property,also DO put something writing to the neighbours planning consultant/ themselves,stating that the land in question is yours,and that you give no permission for any form of development on it.
I had to do this when a cheeky fecker of a planning consultant was asked to provide a turnaround for emergency vehicles for a neighbour's new house,and said that they could turn around on my drive ( that I hadn't even built yet)! I wrote,stating that under no circumstances would I allow this ( it would have prevented me parking on my own property),and that he was not to involve my land or access to it,in any of his plans. He had to think again.
If you don't mind losing the strip and it is purely the principle,you could offer to sell it to them for ££££. That might be a less confrontational way of dealing with it IE. " Dear neighbour,I noticed that your plans for xxxx include development onto our property. As we wish to be good neighbours,we won't object to your plans,and will consider selling said land for £££££",so that your plans can go ahead."
A good land agent will value it for you.

I objected to a planning application because it implied my land was theirs. In this case it was a large local landowner who thinks they can ride roughshod over everyone. We received a letter, checked the plans online and realised the error. I spoke to our lovely neighbour, sadly no longer with us, and he and his wife were distraught as they didn't even get a letter, even though it was right next to them and potentially impacted them more.

I went to the local council and discussed it with the planners. I also took a print-out of my deeds (£3 from Land Registry) and the lady there agreed that the plans covered part of my land. The application was withdrawn as a result of mine and NDN's objections.

NDN & I had a discussion with the estate manager. He was very condescending to begin with, but once I pointed out certain inconsistencies in his boasts, he started to listen. We all wanted the same end result; by talking and listening to us in the end, he got it, but it cost his employer north of £2k making the initial application. As I pointed out, a jug of coffee and plate of biscuits in the estate office would have been a lot cheaper and got the job done faster.

A whole jug though

I think I would be inclined to go back to the neighbours and pretend you believed them and that you have gone online and checked and it appears that some other CF has applied to build on the land that crosses both your boundary, so they might want to lodge an objection too.

It's possible to apply for planning permission over land someone else owns.

Really? Can you give an example of the kind of thing you mean?

@timenowplease for example, if you wanted to buy a property, but wanted to feel sure you'd get planning permission to build an extension or something, you could apply before you bought the property, while it was owned by someone else.

I have a feeling you're supposed to inform the landowner though.

Sorry, I thought you meant actually over someone else's land. As in overhanging. Did you mean that or something else?

So the neighbors plan is to remove 5m of fence, dig out the slope turning their side into a terrace, with the retaining wall built on OPs land OR right on the boundary, then rebuild the fence?
So the op will have some disruption while the work takes place, but the end result will in fact be invisible to the OP?

You do realise OP that someone can apply for planning permission on land or buildings that they do not own? people often do this as before they purchase a property when its still in someone elses ownership. But, in difficult times, builders have been known to get plans drawn up, apply for permission and then approach the home owner to show them what they could do for them to improve their property.

this happened to us. we had just put our house up for sale. someone we didnt know applied for a loft conversion and when it was granted then they put in an offer on our house.