neighbour's planning application- sorry long

[crossneighbour]

Change of name for this in case I can be identified from it.

My kids came in from playing with the kids next door and said that they were converting their integral garage into a bedroom. That was a few months ago.

Last week I got a letter from the council to say they'd submitted a planning application for change of use to a living area. I was a bit peeved because they haven't actually come to talk to us about what they are planning to do, but I thought I'd check the application before saying anything to them.

I've checked it tonight & I'm fuming. They have submitted their own hand- drawing of the front of the house, now and after conversion. We are in a staggered terrace and our drive is next to their lawn, but there is also a piece of lawn that is ours between our drive & their lawn IYSWIM. Their plans show that their lawn extends to our driveway. (ie they are claiming that the whole of the grass is theirs) & the measurements have been taken to our driveway. She's also indicated on the form that she owns the adjoining land (ours!! WTF?!!!)

She spoke to me back in the summer about concreting her lawn & did I mind if they did all of the grass. Not wishing to be awkward I said I didn't, but I can see now where that was leading. (They haven't done it yet but they have put up a fence on the other side, so this may be their plan for ours). If they do that, and decide to park their car on the edge of it, (A) I won't be able to get my car out of my drive (B) I won't be able to actually get out of my car on my drive and (C) I'll have their car right up next to mine. We bought this house because it was the only one in the road with a totally separate driveway, having had this same problem at our last house! I never said they could pinch my land!

I am going to have to go and speak to her but what do I say? She's going to say that I told her it was OK- before I knew they had this in mind. I don't want to object to their application but on the other hand she is not entitled to my land and I really don't want her car right over next to mine. I have enough trouble with her constant visitors parking over my drive as it is.

Does what she's doing sound reasonable, bearing in mind the lack of communication, or do I have a point?

Of course you have a point!

Just tell her you've changed your mind about concreting over your bit of grass - oh, and, by the way, you've decided to put a fence up too...

and then do it, quick!

Or else you could just put in an objection on the grounds that the plans are wrong. I can understand why you're nervous - I would be - good luck!

She may not have realised

I'd be upfront with her TBH .. in as nice a way as possible.

say you've been sent the plans (she'll know you have) and are sure you're reading it wrong because it seems as though the drawing goes over your land .. try and have a laugh about it but make it clear that they won't be building on your land cos you bought it for that

her concreting over your section of lawn has nothing to do with building on it

make sure you check your own deeds though .. be sure that you do actually own that strip and have legal proof

I'd dig our your deeds or anything you got when you bought your house. That should clearly show your boundary. Maybe have a word next door - but you are quite within your rights to object to the council - thats why they send out the applications. Concreting her lawn + the bit of yours does not sound the same as her plans. (& I don't think she could hold you to a verbal agreement if the boundaries were not officially changed).

Take the plans to her and say, very politely that you're worried and think they've made a mistake on their plans. Do double check your deeds first if you can though.

You should put in an objection to the planning application on the grounds that the plans are incorrect wrt the boundary. Don't just let it go.

Like the idea of putting up a fence. Just a low one would be enough.

I'd do what others say but also if I was you I would make it clear you'll be objecting - got to stick up for your rights in law otherwise they can do anything. My parents in law had to object recently to someone next door and they hated doing it but they won and are really glad they did, otherwise they'd still be cross about it and living with the changes they didn't want.

Thank you all for your support. It's times like this that mumsnet comes into its own, when you wonder if you're making a fuss about nothing.

Quick update. We rang the council, explained the discrepancy and asked if it was a problem. They said that the neighbours claim to own that piece of land. Hmm. Turns out that in order to turn a garage into a room you have to provide an extra parking space and the minimum gap is 16 foot (for two). Our houses are 15 foot 9, so without our land they can't do it.

We've been onto the land registry and they confirmed that the boundary is where we thought it was.

The council say that their application is invalid because they lied on it, and will be contacting them. Result.

Sounds like very cheeky neighbours CN: Are you normally on good terms with them? I hope you still are after this. I think they were completely out of order, and hope they recognise this. Do you think the council will mention your name to them?

They can't honestly have expected to get away with it - surely? "Yes you can concrete my bit of lawn" isn't the same as "yes you can take my bit of land under the lawn, and use it to try to con the council"!

I could understand it if they'd explained their problem to you and asked v nicely if they could put your few inches on their plans to get round a rather arbitrary rule (I know it's against the letter of the law, but planning depts are always moving the goalposts - anyway how many people put a car in the garage in the first place?) But just to go ahead as they did is incredibly cheeky.

Let us know how it goes, cn!