Shared access: neighbour starting business from home: Vehicle access -v- safety of my child

[JustSometimes]

Question for the legally astute!
I have a new neighbour (NB) who lives in a house behind us. Access is via our drive which goes directly out onto the busy lane. We have a gate (which has always been in situ). NB has started a business from home which entails large 4x4 and trailers coming and going and now lorries. They don't just stop outside our house, they go up the drive and don't look or stop. I've had to grab DS several times already.
DS is of an age where he toddles around the drive - our access to our garden is across the shared driveway; no other route. We've recently put up a sign saying to keep the gate closed / kids playing.
Now the NB has come to complain about it saying:

1. as it's a shared drive, we can't even have a gate at the front (per their solicitors advice apparently).
2. That getting in and out of the car to open and shut the gate is a great inconvinience
3. It's going to be in the way of the business which is getting busier.

DH has been really reasonable and explained our reasons. NB house is not part of a buisness premises and we haven't had any notification to that effect. Where do you reckon we stand? I would have thought that a house primary purpose for residence = children. Children's safety must take precedence to adult convenience?? As for all the to-ings and fro-ings of larger vehicles posing a direct risk to a toddler (who I'm not going to keep indoors all year round to make it easy for a business). How can I find out if the premise is licenced (?) got planning for business purposes.

DH and I are thinking of moving, but as we can't guarantee selling, what do you think?

I wouldnt give her anything . She is rude so why do her any favours .

a road opening is complicated there are rules about visibility splays etc that require highways permission in addition to plnning permission

I would quosh her getting permission for a business myself

FFS you don't have to give her any land
Call the council in the morning and find out if she has permission for her business or not

Have you phoned council yet, JustSometimes? What hve you found out? "The MN mystery of the hand-made outdoor items"... benches?

Don't give her ANYTHING until you have checked if she is running that business legally.

If you start trading with her (land for outbuilding)then she can at some stage in the future say that you co-operated with her in her business development and you won't have a leg to stand on if you do end up complaining about the lorries etc.

Get in touch with the council forthwith, honestly!

She wants to give you an outbuilding for the strip of land because what she's offering you is vastly cheaper than the access she needs.
I would have the outbuilding and the access strip valued. You could probably charge her a fortune for it.

But it's not really about that, is it? Your peace of mind for ds and your enjoyment of your home is being ruined by this woman.

I echo the others - get in touch with your council, pronto, and find out whether or not she has permission for a business.

Even if she has permission, the vehicles need to be driven safely, so get some video evidence.

In light of her being a 'character', maybe you should seek legal advice. When I've contacted a solicitor in the past, the initial meeting had a fixed charge (£30?). Worth finding out.

have you phoned the council?

it is highly unlikely she has permission because she would have had to put a public notice up on the property and the council would have written to you when she applied for it

a proportion of the property would also be paying business rates

I asked the council about working from home and was told that if it was alow key business which did not draw attention to itself in visiotr numbers deliveries signs etc it was ok if anyone compplained then an application would probably have to be made

I had a friend who lived next to a neighbour who started a business in the garage doing some printing.
She was a SAHM and the noise of the printer would go on and on all day.
They spoke to neighbour and he told them to f* off.
They went to the council and someone went round to check the noise levels and to see if he had permission to use his home for that kind of business.
It was all O.K.
But the neighbour got very nasty after that and would hassle her if she was in the garden with her 1yr daughter and he would come out of his house to shout at her if she walked past his house.
My friend eventually moved home due to all of this, not just because of him but because her DH had a new job.
Don't know if the new people knew about this problem but she said the new owner looked like he could handle himself!
AB

Hi all.
Just got in from work and putting DS to bed, so first opportunity to read what you've said. I'm going to ring the council tomorrow and find out about the business. Hadn't crossed my mind about 'endorsing' the business through selling /swopping etc land. (Don't worry, I'm not the type to be bamboozled - has to be legal and fair in my book).

To be fair, I am mostly concerned about DS NOT getting 'squashed' for want of a better explanation and all this has materialised from one poxy tiny sign on the gate!

Handmade items aren't benches...keep guessing It needs bendy stuff.

Do talk to the council planners but ask them about talking to the highways department too. Take a note of how many lorries are arriving at what times and what kind they are - HGVs? Articulated trucks? Or Ford transit vans?

They certainly aren't artics! But def 7.5 + tonnes easily. Any bigger and they'd demolish my fencing as well.

Have you spoken to the council yet JST? What did they say?

Anything from the Council, JustSometimes?

Update (sorry - been working over the past few days, hence the absence).
Rung Council who are looking into the query and 'getting back to me'. I will obviously get an update Monday as they haven't left a message or tried my mobile today.

You need to get onto the council. You are allowed to work from home if it doesn't infringe on the neighbourhood (i.e no noise, no heavy traffic etc.) If it does, then he'll need to get planning permission from the council. I suggest you get onto them straight away. Your local council will be able to tell you if the premises is licenced and exactly what for. I would imagine that lots of large vehicles turning up and using a shared driveway to access his house might be a problem ???

Let us know how you get on.

How did you get on?

.

Anyone know ???

b
u
m
p

Keep on at the council. If you get no satisfaction from officers, go to your local Councillors surgery.

Your neighbour has no business to be using a residential shared drive for business use unless a change of use has been agreed.

Personally, I would make an appointment and talk to a solicitor about this...you don't have to start sending solicitors letters until you have been assured by your solicitor that you are in the right, so wouldn't need to start a 'dispute', iyswim.

have you been in touch with the council etc?

bump

and

OLD POST . What happened .do you think she killed the neighbour ? LOL

Oooh, that is spooky, I was only wondering about this a few days ago!