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 tree......... obviously its yours so it needs to stay - but if they are going to be doing that much digging, excavating - very likely the roots of the tree will be damaged. When you contact the council on Monday, Id be sure to add concerns about the welfare of the tree - a) its not theirs to remove and b) all the work is likely to have a negative effect on the trees roots, plus c) surely they will want the tree to remain happy and healthy to benefit their own privacy.

I'm no expert but if there's a danger of their building work causing a land slippage on your property, there ought to be some agreement surely, as there is with party walls, that any damage will be put right? I suggest you ask a solicitor or even CAB for more information. Good luck.

Anyone c s apply for permission on anyone’s land and it can’t be granted.

Doesn’t mean they are allowed to build though. Because you need the landowners permission clearly.

I could apply to extend into my neighbours garden, get it granted and then not be able to do it because he rightly says no.

However it does mean I could sell a house with the planning permission granted for say a large Extension via either buying some land or it shows a smaller extension would be allowed fully within my land.

5 meters of hill dug out would most definitely be noticeable. More importantly, OP said it could result in a land slippage.

And the most important part? It's NOT the neighbors' land!

No they are going to build a patio and terrace right to the boundary line and put the retaining wall in my garden with all the footing being dug in my garden.

I will have lots of disruption the fact that they want to build the retaining wall in my garden, dig up my garden and build near the foundations of my house and the work can cause a landslide their house will not be put at risk mine will be.

Also they have not even consulted with me that's what they indeed to do. How they could even think that they could get a way with it.

I would look up your local councillors and email them asking them to support your objection.

Local to me there have been two separate planning applications which clearly are over an established boundary line ( and supported by the land registry). However, the council make it very clear that encroachment is a civil matter, not a planning one. Unfortunately, that can make it very complex and expensive to fight. I don't know if that's the kind of thing your house insurance legal cover might help with. Hopefully you won't need to go down the legal route🤞🏻

Oh and a neighbour at the side had a butcher come and lop half of our tree off. Tree with a tpo on it. Apparently aa I am just a tenant she could have it cut back.

It’s all fine while you are living there, but when you go to sell your home, that 9 inches of incursion will create massive problems. People need to protect their asset.

No they didn't. Your poor granny, shocking entitled behaviour!

I think you are getting some really poor advice on this thread OP.

This is not a planning permission issue.

If you have a dispute with your neighbour over a shared wall or fence, then these are civil matters. The local authority planning department does not intervene in these matters. Instead, you will have to resolve them yourself by appointing a surveyor or seeking legal advice.

speak to your neighbor - explain there is an error in their plans and it encroaches on your land. Be clear you will not give permission for any encroachment over the boundary. Then speak to a solicitor.

I am a bit confused - they say they don’t have any plans but they do? Why did they deny it? That’s just strange.

Seek legal advice

Could you put a fence up on your side? That way they can't fuck with it

I'm assuming the current fence is there's meaning they can just remove it and build a wall ?

a 'free' new retaining wall?

go talk to them.

They can build a wall on their side of the boundary no matter whose the fence is. But all the excavations and foundations have to be on their side. In practice the boundary is probably not known within a few inches, but usually fence posts are supposed to be on the side of the owner of the fence. That's not reliable, but it is very expensive to establish a boundary within centimetres. It can be done though.

@Arewe29 How close is the boundary to your house?
From what I have seen of retaining walls, they need at least a meter of ground dug out behind them to allow enough space to dig the footing, install drainage etc, especially if it’s a reinforced concrete wall. That meter would be getting dug out of your side of the boundary even if the proposed wall sits just on their side of the boundary.
As others have said, you need legal advice first. A TPO on that tree would be great also, if it’s a good tree.

@Scammersarescum thats awful. Do you have any legal cover with your house insurance that could help?

I'd be fuming too.

Our council no longer send out letters of planning notifications which is a bit of a ball ache as it means you've got to be logging into the planning applications regularly or miss out on having a say.

Omg 😲 how did they think they'd get away with this?! They didn't even talk to you about it either?! 🙄

Makes no difference - council is only for planning permission and anyone can apply for planning permission anywhere.

Spenditlikebeckham · Today 16:37

Oh and a neighbour at the side had a butcher come and lop half of our tree off. Tree with a tpo on it.

Have you reported that? Damaging trees under TPOs can attract fines of up to £20,000.

https://www.rhs.org.uk/plants/types/trees/preservation-order

This will be of interest to @Arewe29

https://www.rhs.org.uk/plants/types/trees/the-law{mention:Arewe29}

If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass). Consent should also be sought from the other owner before work is undertaken on the tree.

Where there is any doubt as to on whose land the tree lies, a surveyor will be able to assess.

... Sorry about the extra at name ... it's gone very weird and deleting just screws the whole format...

I have been through this exact situation and it nearly killed me.

My biggest piece of advice is to make sure you get a Party Wall Agreement. You can push this if they won't do it. Phone a party wall surveyor and get the ball rolling.

Then look at the rest of it. It sounds like you are heading for a boundary dispute. Hell on earth.

Planning are not interested in either party wall issues or boundary issues. It's not their remit and you will get nowhere.

The man from the planning dept who deals with trees did tut and shake his head then declared never mind it would grow back. .

This happened to us in our first house, a semi. We received notice of a planning application from our neighbours. They hadn’t discussed their plans with us at all. We realised that their footings would be on our property so lodged an objection, at the same time getting in touch with our local councillor. There was a site visit from the planning department and the result was that they build their extension but the footings had to go on their own land.