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New neighbours building on shared right of way: advice / spine needed.

30 replies

QuizteamBleakley · 28/07/2014 21:05

Our new neighbours moved in 4 months ago & seemed nice enough, kept themselves to themselves, said hello etc. Eight weeks ago we get a planning application notice that they want to build a two storey 'garage' on the shared right of way (driveway that is used by the row of 4 cottages). I tried to contact them to chat about it but no response so we objected as we park at the back of our house and - obviously - need to use the shared driveway.

We've just looked on the local council website and seen - to our amazement - that permission has been granted. I'm gobsmacked: I'm sitting here with all the legal docs in my hand and the thing will be built completely on a shared right of way. I'm (clearly) no legal expert but I know that I need to fight this so can anyone help? What statute do I need to quote? Can I complain / appeal to the council? Any ideas of next steps?
TYIA Smile

OP posts:
QuizteamBleakley · 30/07/2014 08:05

Mipmop, good idea, will do. Yep, it looks like a little house and (yet another) concern that I have is that if it goes ahead, that is what it will become.

Steppemum - I'm going to send a recorded delivery letter to the builders stating that we dispute their right to build, based on the plan inaccuracies and the fact that it contravenes the existing covenants.
Feeling positive again today, thanks all!

OP posts:
steppemum · 30/07/2014 08:16

op - I think the letter needs to go to the neighbour, not the builder.

mipmop · 30/07/2014 08:17

The two storey garage reminded me of MrsDeVere's gymbalow thread (pp granted for a gym in her neighbour's garden, but it ended up being used as housing.) I think in that case the advice was to object that there were a lack of services (drainage etc) and immigration services were involved due to the people staying there. If you've any indication the structure could be used as housing you may get some tips from the thread.

IvyBeagle · 01/08/2014 11:49

Hows it going OP? Have the neighbours spoken to you yet?

ContentedSidewinder · 01/08/2014 18:44

Am coming to this late but I agree with times you need to look and post on garden law on the Right of Way (ROW) forum for advice.

ROW are not easily dismissed and I actually do agree with you contacting the builders for the simple reason what if the neighbour doesn't tell them. They wouldn't want to start to build to then get an earful from the neighbours objecting.

Have you talked to the other neighbours it affects?

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