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.

I haven't read all the posts but have seen all OPs comments. If this goes to committee please go and speak! You might find that the committee are advised that private property rights are not a concern of planning, so it could be passed regardless, but if you go and speak it will give the councillors a reason to look for material considerations to refuse it.

If it's approved there'll be a condition to develop in accordance with the plans which obviously they can't do. They would then have to submit an application to vary the plans.

You mentioned a tree that would need to be cut down, is the tree special? You could get in touch with the LPA about a tree preservation order if you think it's worthy which would make it a criminal offence for neighbours to cut it down and would be a material consideration for the decision makers. If it's on your land though it would obviously restrict what you could do with the tree going forward.

Has anything further occurred @Arewe29

Forgot to mention a tree does not have to be special to protest it. the added benefit is the roots are also protected so they would not be able to build anything that infringes ion the roots,

I protected my common ash which is about 60 years old, so the developer at the end of my land could not build his proposed garage on the boundary line, and had to re submit planning

If the development includes land within yours and the neighbours on the other side ownership, and they've not served notice properly or set out all the owners, their planning application is severely dubious and I would think that, even if it were to be permitted, legally very problematic (although I'm a planner not a lawyer). Submitting an application on someone else's land is absolutely fine if you notify them ... it doesn't mean that they can build it though.

On the access point, I dealt with an application by the neighbours of my ill MiL's house - we managed to get it so that they didn't have a raised decking that would allow them views into everyone's gardens and my MiL's conservatory and simply had steps down into their garden. They then told (yes, told, not asked) my MiL that their builders needed access to bring building materials through her house (front door through to back door) for their permitted project. She told them they couldn't have it and that was it!

I have added to my first objection that my neighbours had not submitted the correct details, as we had no been approached and I would not give them permission to build on my land.

The new description has not had any plans submitted or altered and does not show what my neighbours now intend to do.

The legal notice the other neighbour has submitted has not been adhered to yet.

I am at a loss of what to do other than object and not give any permission. The planner has not been in touch and we have no idea when the planning dept will even make a decision.

Very Frustrating for you

can they access your land easily?

I think I’d get a camera put on your house back and front and aim it so it picks up any movement on your boundary to CF’s… then speak through it if any builder is on your land stating clearly they do not have permission to be on or build on or up to your boundary.

You need to ring the planning department in the council fairly regularly to see what is happening. It is really strange if the description has been changed, but the plans do not reflect that. What is the due decision date for the application?

Even if planning permission is given... CF neighbours still can't do anything to your land without permission and an appropriate boundary wall agreement....

The planning is a bit of a red herring. I do wonder if they think if it's granted it overrides your rights as landowners though.

I guess it's just a case of sitting tight for now.

That’s a good point. They may think that planning permission gives them actual permission to build on your land, whilst in reality , it’s nothing more than an approved drawing, rather than an actual ‘permission’.

Yes, planning permission doesn't give them any rights to other people's land even if planning is granted crossing boundaries. Of course, your neighbours might not realise this - so it's worth taking precautions and making sure that no access can be made to your land without you knowing about it and that you can act quickly to tell people to get off your land.

@Arewe29 I randomly thought of this thread at work today and spent ages trying to find it.

Is there any update please?

Hi

We have an update, after nothing happening planning not been given, I have been checking the local authority planning portal twice a week, to see if there is any progress. There is now revised drawing dated 20.09.24 that were not there before, they have been uploaded by the council and the wrong date has been added. I do have proof and it states in my objection from November that there are no new plans, so who knows what the planning dept have done.

My next door but one neighbours have now reported the neighbours to the police for calling them vile names and harassment.

If anyone on here can let me know if this planning application will be invalid due to the council not putting the amended drawings up let me know.

It really depends how different the drawings are.
If they are considered to be non-material alterations, then the Council do not have to re-consult, but if they are showing significant alterations, then the Council should re-consult with neighbours.

I cannot remember if you have been in contact with your local Councillor? I would really advise that you speak to them 0 at the very least they should be able to get information from the planning officer as to what is going on and how they are treating the issue of ownership.

As others have said, it is possible to make a planning application on land you do not own, providing the applicants serve formal notice on the landowner, and certify as part of the application process that this has been done. I don't think that has been done in your case?

As you have notified the Council that this process has not been followed, the Council should be treating hte whole application as invalid at this stage until the applicants have at least followed due process.

Again, to repeat what others have said - even if PP is ultimately granted, that does not overrule your rights to control what is done on your property. However, given the past behaviour of the CCF NDN, I'm not sure that this would stop them trying to go ahead. You may want to speak to a solicitor about the legal processes that exist to protect your land.

Oh - and consultation deadlines are simply a guarantee that the application won't be determined before that date. Anyone can comment on a planning application right up until it is actually determined. All comments have to be considered - obviously only those relating to planning matters are relevant, and it is up to the Council how much weight to attach to those matters.

The decision date should have been November 2024.

We were consulted with again on 6th November 2024 with a change in description. There was no plans available to view and I stated this is my objection.

I know that the planning permission does not give them the right, yet the are as thick mince and believe that they can do whatever they want…….

These people are so uncouth that they are harassing a woman carrying a toddler calling her the c word and saying that she is going to die.

How quickly can you get a shed put up along that bit op? Or a row of spikey shrubs? Something physically there that they can't just move.. Concrete a row of gnomes into the ground.

There are 3 large trees that were going to be moved by neighbour ie removed

Can you get your tree protected i have done that to stop a builder encroaching.

10 cemented in gnomes be a challenge to get out!!

I have just been down a rabbit hole and nearly ordered 2 cement lions (they were hideous) to be cemented in.