Home  5  Books  5  Magazines  5  News  5  GreenPro  5  HelpDesk  5  Your Cart  5  Register  5  Green Living Forum
Not signed in (Sign In)

Categories



 



Vanilla 1.0.3 is a product of Lussumo. More Information: Documentation, Community Support.

Welcome to new Forum Visitors
Join the forum now and benefit from discussions with thousands of other green building fans and discounts on Green Building Press publications: Apply now.




  1.  
    Thank you all very much for your help.

    Mr Dominic Cooney, so if this is the case I could encourage him fairly strongly to reduce his garden level? If I was to forget his house was too close to mine (according to his planning) then surely he would want to try and keep me sweet. I am not asking for the earth after all. I just would like him to respect my right to privicy in my garden. His higher garden also lets him look right through my lounge French doors. I will meet him tonight for a chat...... watch this space. 300mm limit, well he is 700mm over that,
    Thanks again all,
    Gusty.
    •  
      CommentAuthorJSHarris
    • CommentTimeJul 27th 2012 edited
     
    As SunTzu wrote around 2,600 years ago:

    <i><b>"it is said that if you know your enemies and know yourself, you will not be imperilled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperilled in every single battle."</b></i>


    Or as the British Army teach:

    <i><b>"Time spent on reconnaissance is never wasted"</b></i>
  2.  
    Blimey JS, did SunTzu for for Ceredigion planning?
    :shocked:
  3.  
    Posted By: gustyturbineI am not asking for the earth after all.

    Hmmm.... then just tell him what to do with it:devil:
    • CommentAuthorCWatters
    • CommentTimeJul 28th 2012
     
    He'll need deeper foundations if he's building on "made up" ground.
  4.  
    I called him last night. He thought I was going to complain about the .5 mtr error in house position. I have told him about my garden height concerns so we will meet tomorrow. I have checked the planning approval and no heights are shown at all. Apparently planning have now changes the rules and they require heights to be shown. That has to be a good thing in my opinion. I also informed him that he could access his rear garden over my land if this helps him remove some earth. I cant be fairer than that. If it all goes wrong then I will consider a complaint to planning and cause as much trouble as possible. Not a route I want to go down at all so that is a last resort. At least if we cant agree and I complain he should then give me future consideration rather than trying to walk over me. At the end of the day all I want is privacy in my garden with a 6ft boundary built.
    Thanks so much for all of the information,
    Gusty.
    •  
      CommentAuthorJSHarris
    • CommentTimeJul 28th 2012
     
    Good luck Gusty.

    In my view the hard part is often the initial contact, where both parties are uncertain about the stance the other is going to take. Let's hope that you can reach an amicable compromise.
  5.  
    Update- My neighbour has agreed to lower the level of his garden so we will see. No action has taken place yet and the levels remain the same but I keep you all informed.
    Thanks again all.:bigsmile:
    •  
      CommentAuthorDamonHD
    • CommentTimeAug 3rd 2012
     
    Good man. Well done for a good start in a tricky situation.

    Rgds

    Damon
    • CommentAuthorsnyggapa
    • CommentTimeAug 3rd 2012
     
    >Thanks for the information all. More importantly the developer has now moved the property from 2250mm from the boundary to 1750mm. Can he do that?

    how close will his foundations be to your property - if within 3m then he will need (well, ought to) serve a party wall notice on you something like 2 months before the foundations are dug - this is an opportunity to make life difficult if you so wish, or not if you don't. maybe worth some research
    • CommentAuthordjh
    • CommentTimeAug 8th 2012
     
    Posted By: snyggapahow close will his foundations be to your property - if within 3m then he will need (well, ought to) serve a party wall notice on you

    "Property" is a bit ambiguous in this case. I think it's the distance from gusty's building that matters, but not his land. At least that's how I read para 26 of http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf
  6.  
    Thanks all.
    My neighbours property will be 1750mm from the boundary so 3750 from my house. He has still not lowered the height of his garden but it has been very wet for the last week or so.
    I will update on any action,
    Gusty.
  7.  
    Life is never easy is it?
    My neighbour to be has now changed his mind (blamed his wife) and the garden will remian at the elevated level.
    I will decide on a plan of action in a few days after sleeping on it.
    He also has the nerve to ask for calcs for my retaining wall. It now concerns him as he has moved his house closer to the boundary. My BCO is happy with no calcs so my neighbour to be will can sing for them!!!!

    What to do next? Complain to planning about garden height, house position, both or neither?
    I do not know.
    Gusty.
  8.  
    Both!
  9.  
    Tell him you are deeply concerned that his brand new house might slide into your garden, because your retaining wall is designed to hiold up a bit of garden, not his house - not for your own sake of course, but for his. He might become concerned too! (On the other hand I fully accept that he may not!)
  10.  
    Posted By: gustyturbineWhat to do next? Complain to planning about garden height, house position, both or neither?

    Both
  11.  
    Thanks for the advice everyone.
    Nick Parsons- He is concerned about it that is why he has advised that a engineers report may be needed for part of the wall that passes his house. The point is though that my BCO officer (and his) made him take his foundation deep enough so it would not be a problem and plus his house is also closer to the boundary than it should be.
    To be fair so far he has been hard to deal with. I have asked and tried to get on with him but he does not not want to compromise at all. I am away from my scanner at the moment but I will try and post a picture tomorrow so can see exactly what my issue is.
    Thanks again all,
    Gusty.
  12.  
    Posted By: gustyturbinehe does not not want to compromise at all.


    As I see it you have tried the diplomatic approach and he has come back and slapped you in the face (and put the knee in asking for your calcs).

    From this distance removed from the situation it seems like you are not going to get anywhere with this guy without having to resort to getting officials involved.

    Unfortunately that is probably going to mean a breakdown in relations with your neighbour but from the sounds of him he will continue to walk all over you in the future if you let him away with this now.

    As a last resort you could tell him that you will have to go to the planners about the two issues if he doesn't reduce the levels in his garden and see what he has to say about that.
  13.  
    Chris P Bacon,
    Thanks for the advice. it is exactly the course of action I have just been discussing with my wife. We are thinking along the very same lines as yourself. It is a shame but I do not feel I can do much more now.
    Thanks again as it is good to hear other opinions. I felt I weas being fair and straight with the chap but what can you do with some people?
    Gusty.
    • CommentAuthorwindy lamb
    • CommentTimeAug 19th 2012
     
    In our last place we backed onto a neighbour who gave us nothing but grief - but our other neighbour, also backing onto them, was left alone. I asked the nice neighbour why he thought this was and his reply was that he had told the nasty neighbour that if he came round again or so much as looked at him he would effing ring his neck. I tried the same approach which worked a treat. It seems that some people interpret politeness and courtesy as a weakness and a green light to bullying. Bullies are cowards, so stand up for yourself and he'll soon stop playing silly buggers.
    So in my humble opinion, I'd tell him to whistle for any calculations since your wall has nothing to do with him and say that you'd confirm that with the planning dept. to be on the safe side!!
  14.  
    Windy lamb- You may have a very good point. I have just tried to call the neighbour to be to let him know I intend on contacting planning. I have also taken some additional local advice from a friendly contact and he has informed me that I may be in trouble if we can't come to some sort of agreement as neighbours. If planning cant help then I will refer it to cardiff as Ceredigion planning are not the best. I will do what I can but it will be hard work. If it is a long winded, awkward battle he was after then so be it.
    It would appear that if planning are not able to help then it would be down to me to prove his garden height was a nuisance. Great eh!
    I will still take it all the way and if it now cost him to ammend his planning etc then that is his fault. It did not need to be that way at all.
    My BCO has told me that his house is far enough away from the wall and does not need calcs. He can hold his breath for them..........
    Gusty.
  15.  
    Always unfortunate when things cannot be resolved amicably.
    Have you got 'before' and 'after' pictures?
    If he has raised the ground level considerably then he has undertaken "Engineering Operations" which would require Planning Permission in their own right (irrespective of the fact that levels were not included in the PP or as a condition).
    It seems like you are left with little option but to make a complaint to Planning Enforcement.

    Your neighbour has "undertaken engineering operations regarding changing the ground levels next to your property which is allowing overlooking, and causing a detrimental impact on your privacy and amenity." or words to that effect. Unfortunately when they look into it they will also discover that the house has not been built in accordance with the approved plans (it is in the wrong place) therefore the whole planning permission is invalid.

    He will have to re-apply for planning permission to regularise the situation.

    Accompanying the new planning application there will be details of ground levels - mainly because in the meantime, you have submitted a formal complaint asking why no details of ground levels have been assessed, and why this information has not been secured by condition if it was not provided with the planning application.

    You can then comment on the levels information submitted, and object to it in the same way as you can object to any aspect of a planning application that is a material planning consideration.
    Overlooking, privacy, and amenity are material planning considerations that will have to be impartially assessed.
    (structural integrity is not, this would be covered by building regs.)
  16.  
    Gusty, just a thought with reference to JSH and his eastern friend... do make absolutely sure you are completely compliant with absolutley all planning, and legal permissions and constraints on your side....

    J
  17.  
    Thanks all,
    I am contacting the planning department over the next few days. I will keep you posted.:sad:
    • CommentAuthorwindy lamb
    • CommentTimeAug 29th 2012
     
    James - just because Gusty has a legitimate concern doesn't mean he has to be whiter than snow. Tit for tat complaints are seen very dimly by Officers and very often ignored anyway (until the initial complaint has been resolved).
  18.  
    Posted By: windy lambjust because Gusty has a legitimate concern doesn't mean he has to be whiter than snow.


    ... certainly helps though! :wink:

    J
  19.  
    I checked my plans last night and as I thought, my property is in the correct position. I am going to call the neighbour one last time today and that is it.....
    Wish me luck,
    Gusty.
  20.  
    Yes, good luck!
    • CommentAuthorTriassic
    • CommentTimeAug 30th 2012 edited
     
    Regarding the house being built in the wrong position, you could point out that if he continues to build he may have to pull the whole lot down at a later stage.

    http://www.telegraph.co.uk/news/newstopics/howaboutthat/4239836/500000-detached-house-could-be-torn-down-over-20-inch-discrepancy-in-position.html
  21.  
    I would not bother calling him 'one last time'. He already has a history of changing his mind (OK he said his wife wanted it different - hmm) Any thing he agrees to now is unenforceable. If he says he will lower the ground to it correct level and move the house back to the right place, how long do you wait for action?? 1 week, 1 month, 1 year? IMO anything he says now will just be a stalling action.
    It does not sound that there is any relationship between you worth preserving so in your place I would not bother with any more discussion but rather go to the planning dept. with a complaint.
   
The Ecobuilding Buzz
Site Map    |   Home    |   View Cart    |   Pressroom   |   Business   |   Links   
Logout    

© Green Building Press