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[Michael2.6]

you have it all correct, and can see exactly what has happened. we wanted to send her a summons and have talked about that months ago to our solicitor, but all we get is try other options, i have tried to talk calmly to her but her voice goes off the scale and need ear plugs!she dont want to alter it, simple, i told her i think you need to pay this daft bil and she turned into the hulk! solicitor has suggested that about her buying that what she has stole off us, but why would she when she has got it for free! and we said well it sounds ok but by the time we pay the bill we just not goint to benefit from it. you know the song by smokie?living next door to alice, well the wife sings living next door to dallas, in the garden so she can hear,coz the house like off southfolk, big like her head!yea if she had stuck to first plans no probs and all could have got on, which we did before she plotted all this. her partner has very little to say about it, she wont allow him! and it was him and his work colleague from a well known outfit who he works for actually put the guttering box on so he will have got the stuff for nothing! oh did i say that also we have her pipes on our side as well, which she claims she didnt want putting their!lies lies couldnt lie straight in bed if she tried. do you want me to put photos on?you willget a better birds eye view of it

[martin42]

pics will help mate,when you holding a oof bbq we could use her drive as a car park lol 

[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.

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

Planning approval notice makes specifiic reference to the applicant needing to serve notice on the neighbour, if this was not done then they are in breach of the planning approval. 

Simples realy!

[paul.lovejoy]

totally agree Mark the council even refere to this in the delegated report, just wondering is it the councils resposibility to ensure the neighbour did actually serve notice or do they just take the neighbours signed completion of that section as proof they did, which is what it seems to me

Therefore the application is fraudulant and gives the council a way out to reverse thier planning approval of the re submission which hopefully gives everyone a way out except the neighbour

plus surley M26 what ever legal action your solicitor takes he would apply for costs..where is an ex solicitor when you want one

its not a funny matter but your wife sounds just like mine  oh dear think the building is the least of the neighbours worries she should be afraid very afraid

[paul.lovejoy]

you have it all correct, and can see exactly what has happened. we wanted to send her a summons and have talked about that months ago to our solicitor, but all we get is try other options, i have tried to talk calmly to her but her voice goes off the scale and need ear plugs!she dont want to alter it, simple, i told her i think you need to pay this daft bil and she turned into the hulk! solicitor has suggested that about her buying that what she has stole off us, but why would she when she has got it for free! and we said well it sounds ok but by the time we pay the bill we just not goint to benefit from it. you know the song by smokie?living next door to alice, well the wife sings living next door to dallas, in the garden so she can hear,coz the house like off southfolk, big like her head!yea if she had stuck to first plans no probs and all could have got on, which we did before she plotted all this. her partner has very little to say about it, she wont allow him! and it was him and his work colleague from a well known outfit who he works for actually put the guttering box on so he will have got the stuff for nothing! oh did i say that also we have her pipes on our side as well, which she claims she didnt want putting their!lies lies couldnt lie straight in bed if she tried. do you want me to put photos on?you willget a better birds eye view of it

photos could be good we may find some more points...do the rain water pipes discharge on to your property then

[paul.lovejoy]

revised drawings show it on the rear of the new building which also should be discharged into a new soak away councils do not allow you to go into the main drains now the prefer it to soak into the earth eco shite stuff

[Michael2.6]

christ could get her big style, fraud, breach of planning, and for thinking she victoria beckham in the palace!no notice was served to us and so you think the council have just taken her word for it? honest opinion everyone, do we continue with this and will we win?be honest, the wife has a cd compilation coming out, features some hot hits, including, banana arma, guilty. cliff richard, devil woman, blondie, one way or another am gonna get ya. something for her 4 kids to sing to, bob the builder can he fix it yes he can, wish he bloody hurry up! any more will be gladly accepted if you know any!will ask the daughter to put fotos on if she in good mood, coz we dont know how to

[albitz]

Sack your solicitor.

[Vamps]

I am sure you are but dont forget to keep a 'diary of events' make a note of who ever you speak to and what about and include your neighbours actions / comments in this too.......

[Michael2.6]

no the rain water pipes dont discharge but will be in the way when we start our build. and yes we going to get rid of solicitor any one know a good one?

[paul.lovejoy]

christ could get her big style, fraud, breach of planning, and for thinking she victoria beckham in the palace!no notice was served to us and so you think the council have just taken her word for it? honest opinion everyone, do we continue with this and will we win?be honest, the wife has a cd compilation coming out, features some hot hits, including, banana arma, guilty. cliff richard, devil woman, blondie, one way or another am gonna get ya. something for her 4 kids to sing to, bob the builder can he fix it yes he can, wish he bloody hurry up! any more will be gladly accepted if you know any!will ask the daughter to put fotos on if she in good mood, coz we dont know how to

to be honest M26 i dont know my thoughts would be mistakes have certainley been made and there could be more once i see the pics i guess at the moment nobody will take any action until there is some form of summons/court hearing date not sure of the process. I will do my best to try and find out for you.

But once youve started legal proceedings and not just solicitors letters then really the clocks ticking and its not you they have to blag but a judge one thing that is important dont smash bash or touch your neighbour or the new building you are the victims dont give her anything to throw back similary council try not to loose it most people will think they were calm wtf do they know 

if she is a devious as she sounds she already has a back up plan and i pity the poor builder i am sure he will figure in it somewhere

plus off course if your planning your own extension she will make that as awkward as possible but then again it hopefully will all be part of the overal process and agreement/judgement

An interesting point is if they had submitted the revised layouts/drawings on the first planning application would it have been approved and granted.................NO the drawings clearly show the roof line over hanging your boundry plus gutters etc, it may well be it was her plan all along to submit drawings that would get approved on the first application then build it to the revised drawings and if there was a problem simply carry out a re submission.

i have known this to happen and as Rods said the council do not have the resources etc to follow through with an enforcement etc unless of course its high profile and in the publics eye.  Mind you i have to say there is taking the piss and taking the piss and she has taken everything she bloody could

[paul.lovejoy]

I am sure you are but dont forget to keep a 'diary of events' make a note of who ever you speak to and what about and include your neighbours actions / comments in this too.......

yes excellent advise right from the very first conversation

[paul.lovejoy]

going to be a complicated one when you build unless an agreement is in palce to use her steell and columns to support part of your structure and the wall above becomes a party wall the roof will end up as a valley rather messy unless you could both extend to a gable end.....her pipes are possibly bathroom sink which could be diverted inside her building.

this could reduce your build costs and save her from taking a large part of her building down or buying the land from you

dont know a solicitor but a further discussion with yours may be worth while better the devil you know to see what he is going to say and propose doing at least he has the case files etc and knows the history

just need to get you more info on the action you can take so your in the driving seat with solicitor, just hope i am not getting your hopes up

[Michael2.6]

thanks for advice, she basically has had her cake and eaten it and left us with the crumbs!wont give up and certainly wont let her think i will forget, the wife wont and she already has plans of her own for little miss shifty, that dont need planning permission. will still let you all know what the out come is