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[scimmy_man]

Im a BCO
the regs dont cover who owns the land its built on, you do need planning permission to build on someone elses property, contact the enforcement officer AND your local counciller,

the building being over the boundary is a civil matter, why didnt YOU stop it being built when they were digging the foundations over the boundary?

[paul.lovejoy]

well it looks like we married long lost sisters 

you said earlier its not built to the plans, which bit, got a planning number etc. and have you seen all the documents ie application, permision etc. They are public information

probably going over old ground sorry if i am but the council Planning can issue an enforcement notice if they have breached the origonal planning approval notice be it appearance, size and location, Building Control only really sort out the materials and construction methods

and if the plans were drawn up by any compident person there should be some form of notation on the drawing stating your approval is required before they commence the works

unfortunatley a lot of people do not enter into comunication with a solicitor, they only tend to when there is a court summons in front of them. I do not know the procedure for this type of action but if it is anything like a small claims procedure then its quite simple and you can do it yourself just pay a fee and all parties get issued with documents etc with time to reply, most setlle before the court date.

hopefully some one will jump in  and explain the legalities better

[Michael2.6]

we seen the first plans on websitem and were ok, bare in mind there was no boxed guttering on the plans we first viewed, and was stepped back on her own property, wont go into to much detail but at time i was recovering from cancer, hospital appointments, chemo, father dying, and her work going on next door, and scaffolding all in our drive, shielding some of the mess, and maybe yes we should have spotted something wrong, but you see she should have conversed with us, stating her changes. we contacted council,enforcement officer came down, put party wall book threw OUR door. actually got phonecall when me and wife sat in hospital from council stating she had breached planning, and stopped  the work for one day! then she got all the work clashed out as quickly as poss, we had contacted solicitor by this time, but look where we are today, no further forward. and we made her submit second lot plans, and guess what, they were exactly as it stands now, with boxed guttering. think she caught us at our lowest point and took advantage of us, we in away allowed it to happen, and will never trust her again. i can put some photos on later if i allowed to?or could give you details so you can all see her TWO  set of plans on the council website, but means giving address out. thanks for your comments, thinkwe just put it down to a bad experience and try and move on from it, hoping maybe one day she get her just desserts!

[paul.lovejoy]

blimey been through the wars by the sounds of things

if the council have agreed that she has breached planning consent then i would have expected them to issue an enforcement notice as she has carried on and built the extension to a revised layout at her own risk

Unless the council have decided to varie the planning consent to incude the revised layout then it seems clear cut that an enforcement notice should be issued things do take a while with planning issues so it could be its in the pipe line

i think the time period for any such disputes is 6 years after which time no action can be taken

i will have a chat with some collegues next wee and see what they say

[Michael2.6]

if you go to crook county council public website and look up her TWO sets of plans paul, or anyone and you will see the difference between the two, no 1.      3/2011/0084 and 3/2012/0068 let me know what you think!

[paul.lovejoy]

well bugger me.....sideways even how the hell did she get away with that

did she inform you of the works etc in writing on the 14/2/2012 as she has confirmed in section 11 cert B when she did a resubmission to the council. on the 15/2/12 

on the first application in 2011 she never had to as drawings clearly show the building her side of the existing boundry fence/wall. The resubmission which i assume was after the planners were informed the building size has increased and now formed your boundry wall

although from reading the councils response if she did not serve you notice of the works,you may still have to take civil action. Crook county council sounds about right, all they have done is take the easy way out to avoid the costs of issuing an enforcement notice and seeing it through to completion what can be costly and drawn out for them.

you could write to councilers Zair and Harrison may even be worth looking at similar developements in your road ie did they keep off the boundry line and has the council allowed terracing( a similar project on an ajoining property) and how did they get over it

sorry to say you have been well and truly shafted  unless someone knows a bit more about law
and the process you need to go through even so it will be more than worth it for her to defend any action rather than take down a large part of the building, unless there is a course of action you can take against the council then the cost become thiers to persue her

sorry wish i could have been of more help but not given up yet


documents


first application

http://planning.wearvalley.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=60595

resubmission

http://planning.wearvalley.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=65521

[Marks DTM Calib]

So, was Certificate B of Section 11 of the planning application form completed and notice served by the applicant to you?

If not then the requirements of the planning have not ben met and the planning department (who in my experience in Rushcliffe ar absolutely F-ing useless!) are duely bound to act on your behalf to resolve the matter.

In addition, as already mentioned, if they have not agreement from you for the trespass then you are also able to take the action through the civil courts.

[paul.lovejoy]

So, was Certificate B of Section 11 of the planning application form completed and notice served by the applicant to you?

If not then the requirements of the planning have not ben met and the planning department (who in my experience in Rushcliffe ar absolutely F-ing useless!) are duely bound to act on your behalf to resolve the matter.

In addition, as already mentioned, if they have not agreement from you for the trespass then you are also able to take the action through the civil court

[paul.lovejoy]

So, was Certificate B of Section 11 of the planning application form completed and notice served by the applicant to you?

If not then the requirements of the planning have not ben met and the planning department (who in my experience in Rushcliffe ar absolutely F-ing useless!) are duely bound to act on your behalf to resolve the matter.

In addition, as already mentioned, if they have not agreement from you for the trespass then you are also able to take the action through the civil courts.

Cert B section 11 has been completed its if notice was indeed issued to M26

also although in the first instance the council should be held responsible for the planning breach but following a subsequent re submission  by the neighbour they approved the revised developement possibly in order to get out of issuing an enforcement notice and persuing the matter so they can now say its a civil matter exit stage left

questions really are is there any action that can be taken against the council to force them to perssue the matter or is it now down to M26 to take civil action and in both cases what is the action and what would it entail

[Michael2.6]

thanks for replies, yea she has shit on us, and no she never give us anything in writing, just assumed we would be happy with her wrong doings. my wife has contacted the onbudsmen, and complained to all departments, and like you say the council have swept it under the carpet because it to much hassle and money for them. wife going off it and has not let up with council. she spoke to the chap who actually had blindfold on when he checked it, and believe me she didnt hold back, he aware of complaints against him,and she has kept her mouth shut up to now with bitch next door but i can feel something brewing, and it wont be pleasant! we have not had the right advice, and wife wants a court order slapping on her, we have our plans on council website, and they have actually amended ours twice to work, the roof that is to work round her! and guess what?we have ended up with the numpty who was her planner!have you read all the details on application?the decision notice ect, you will see we objected the second ones but not the first, so we not stick in the muds, but when it interfears with our property. well it not on. any more ideas? we want to get the sly get back. she does mension the other similar extensions down the street,  but i say if they jumped off viaduct i wouldnt copy them!

[Michael2.6]

forgot to mension, we rang the builders who were part of this pantomine and they knew it was wrong, but carried on because she told them to. i asked if this went to court would they be prepared to state this in court?oh of course! arranged to phone them later and low and behold couldnt get to talk to them, and still havent got back to us. bitch wasnt happy we had done this, and said she was going to sue them for the work! how the hell can she sue them when she told them to do it. I believe every one had a part to play in this cock up and no one wanting to take the blame, just have to make few phonecalls want court order on her. she threatened us with court! the troll hasnt even spent a penny on solicitor. pleading poverty,it probs end up us paying to remove guttering box when we get up to that height with our bricks, wife wants to just rip it down, and i think she would herself but doesnt do heights!

[Rods2]

One thing councils are really scared off are judicial reviews. This involves much work and expense on the councils part in solicitors fees, getting all of the paperwork in order, so their ducks are all in a row as far as possible. As the results and details of any outcome is in the public domain, then omissions and errors by individuals are there for all to see. From what you have said, you were not given notice on the updated plans, then this might prove awkward for the council.

Now judicial reviews are very expensive, but just the threat of saying that will be the next step by you or your solicitor, may well mean the council will become very focused on seeking cheaper and easier alternatives to get it resolved, rather than risk this happening and also making it easier to brush and wrong doing by the planning department under the carpet.

[cleggy]

forgot to mension, we rang the builders who were part of this pantomine and they knew it was wrong, but carried on because she told them to. i asked if this went to court would they be prepared to state this in court?oh of course! arranged to phone them later and low and behold couldnt get to talk to them, and still havent got back to us. bitch wasnt happy we had done this, and said she was going to sue them for the work! how the hell can she sue them when she told them to do it. I believe every one had a part to play in this cock up and no one wanting to take the blame, just have to make few phonecalls want court order on her. she threatened us with court! the troll hasnt even spent a penny on solicitor. pleading poverty,it probs end up us paying to remove guttering box when we get up to that height with our bricks, wife wants to just rip it down, and i think she would herself but doesnt do heights!

I would and hand her the bits and if she doesn't like it then tell her 'I'll see you in court'

[Michael2.6]

wife going to ring council and blast them again. our solicitor not hitting her where it hurts, she just laughing at us, we need to go for the throat, well wife would like to literally! have considered going to our local paper the norhern echo and showing just what we have to put up with. will keep you all posted what happens. few emails and phonecalls to make this week, our solicitor on hols till 22nd not that it makes much difference think the wife could do better herself. watch this space!

[paul.lovejoy]

i Did read all the applications etc both of them and drawings etc

if any one with legal mind wants to short cut it and go to the delegated report in application 2 basically unfolds as you read and they still grant planning approval

http://planning.wearvalley.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=65521

I would imagine M26 the builder although being directed by the client to enlarge the building has now been threatened by the client that it will be him she will seek costs from if it has to be taken down.....unless he has it in writing of course, but probably expalins why he will not contact you and ditto if there was an architect involved.

I was hoping someone would jump in and say yes you need issue this type of legal summons etc to the council or your neighbour. I seriously hope your solicitor will arrange this for you as clearley the time for phone calls and letters has passed.

the council who clearly took the easy option by granting approval to the re submission and the fact your neighbour has fraudently filled in section 11 cert B of the application and not informed you of the work must all be points in your favour.

Not to mention she breached the origonal planning consent by knowingly building on your boundry to which the council actualy made her stop works but she carried on and re submitted another application with revised plans

incidentally she did not have to inform you of the works section 11 cert B on the first planning application as the works were being built up to the existing boundry wall/fence and would not have interfered with you except for access required to carry out the works.

certainley hope your solicitor will be issuing some form of summons in your favour making all parties concerned shite themselves, perhaps she may even make you an offer to buy that section of land

will be watching this space and wish you all the luck with it