HELP... Neighbour issue, illegal work carried out etc. - HotUKDeals
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HELP... Neighbour issue, illegal work carried out etc.

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If anybody has anything to chip in, please do. To cut a long story short, our neighbour has illegally built a drive. No planning permission, no proper drainage etc. We are worried that there will b… Read More
hukd don Avatar
7y, 2m agoPosted 7 years, 2 months ago
If anybody has anything to chip in, please do.

To cut a long story short, our neighbour has illegally built a drive. No planning permission, no proper drainage etc. We are worried that there will be flooding problems or subsidence to our property.

It was all reported to the council etc. via the police (as neighbour called police on us for taking photos of our broken fence that they had damaged whilst building their drive). So they shot themselves in the foot really.

The council and a local MP came round to check the property out and we overheard them saying the council will pay to put it all right. Which has to be illegal in itself, using council tax money to ammend shoddy illegal work.

Does anybody know what we can do, as I feel it is completely unfair they are even considering doing this. I am now tempted to make my own drive and get the council to pay for it to all be done properly.
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hukd don Avatar
7y, 2m agoPosted 7 years, 2 months ago
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#1
The council shouldnt be paying for damage caused to your property by someone else. Unless they were working on behalf of the council (which in this case they werent). A claim on your home insurance should be done and neighbour reported to police for criminal damage. Arent the council doing anything about the unplanned building of the drive itself?
#2
davidn84
The council shouldnt be paying for damage caused to your property by someone else. Unless they were working on behalf of the council (which in this case they werent). A claim on your home insurance should be done and neighbour reported to police for criminal damage. Arent the council doing anything about the unplanned building of the drive itself?


Re read, the council are not paying for damage caused to my property, I couldn't care less about the damage, I can fix the fence myself... :thumbsup:

They are paying to fit proper drainage and put the neighbour's shoddy drive work correct.
#3
I'd be happy that your worries will be over, no risk of flooding etc. Just get over it.
#4
In my experience (which is thin) the council put everything right or back to how it used to be and bill the erson who cocked it up in the first place (the neighbour, not the people they employed). They usually threaten to do this and the neighbour coughs up and sorts it out, but if they don't the council will do it and bill them - it won't be cheap - because as you said, it's tax payers money.
#5
hukd don
Re read, the council are not paying for damage caused to my property, I couldn't care less about the damage, I can fix the fence myself... :thumbsup:

They are paying to fit proper drainage and put the neighbour's shoddy drive work correct.


Oh rite..you just said to put it right, I thought you meant your fence as you were the one complaining about it.
#6
davelfc
I'd be happy that your worries will be over, no risk of flooding etc. Just get over it.


Would have until they tried having me arrested. Now I want to make sure they have hassle putting right work that should have never been carried out in the first place. Council worker was very rude on the phone telling us we had no proof they were doing the work free of charge. Funny thing is we do, his colleague told us he was happy someone is going to complain as he was not happy carrying out the work and not charging them.
#7
Penny Saver
In my experience (which is thin) the council put everything right or back to how it used to be and bill the erson who cocked it up in the first place (the neighbour, not the people they employed). They usually threaten to do this and the neighbour coughs up and sorts it out, but if they don't the council will do it and bill them - it won't be cheap - because as you said, it's tax payers money.


That was to my knowledge, what should happen. Anyone know who we would need to report to, as guessing reporting the council to the council is pointless.
#8
davidn84
Oh rite..you just said to put it right, I thought you meant your fence as you were the one complaining about it.


That's fine, should have probably made it clearer about, work being corrected being their drive.
#9
hukd don
Would have until they tried having me arrested. Now I want to make sure they have hassle putting right work that should have never been carried out in the first place. Council worker was very rude on the phone telling us we had no proof they were doing the work free of charge. Funny thing is we do, his colleague told us he was happy someone is going to complain as he was not happy carrying out the work and not charging them.


So you are going to make sure they have hassle putting it right? Why? I thought you wanted it put right.
#10
Police? Papers? BBC Watchdog?
#11
StudentJo
So you are going to make sure they have hassle putting it right? Why? I thought you wanted it put right.


At their expense... As it would seem at the moment the local council have agreed to put the work right free of charge. So I want to give them hassle, and report the council etc. So that my neighbour has to pay for the work to be carried out.
#12
DragonChris
Police? Papers? BBC Watchdog?


Police have reported the illegal work in the first place to the highways/council etc. So I guess the Papers (someone like the crusader - either the daily mail or telegraph) or Watchdog if it's still going.
#13
The papers - deffo a local one, 'Need a driveway, ring the council - it's FREE' or something...
#14
Like I said, move on, give it up, chill. The work is being done and you have not got to worry about your property. Is it worth investing time and effort in this? Isn't life too short for petty squabbles?
#15
You do not always need planning for a driveway.
#16
davelfc
Like I said, move on, give it up, chill. The work is being done and you have not got to worry about your property. Is it worth investing time and effort in this? Isn't life too short for petty squabbles?


Yes it is. But that doesn't stop us.
#17
Get your local MP involved .. :thumbsup:
#18
Penny Saver
The papers - deffo a local one, 'Need a driveway, ring the council - it's FREE' or something...

Good idea...
davelfc
Like I said, move on, give it up, chill. The work is being done and you have not got to worry about your property. Is it worth investing time and effort in this? Isn't life too short for petty squabbles?

That's your opinion, your welcome to it. No doubt one of the teacher's who tells kids they shouldn't hit back.
I believe in an eye for an eye. & if they are forced to pay to have the work done, then brilliant, hit them where it hurts, the pocket.
pghstochaj
You do not always need planning for a driveway.

True, but they needed planning permission for theirs, as we have established with the help of the police (who they called).
Penny Saver
Yes it is. But that doesn't stop us.

+1:thumbsup:
#19
Budgie2k7
Get your local MP involved .. :thumbsup:


We were thinking of getting the local Conservative opposing MP involved. As the local in power Labour MP is helping our neighbour to get the work carried out for free.
#20
hukd don
Good idea...

That's your opinion, your welcome to it. No doubt one of the teacher's who tells kids they shouldn't hit back.
I believe in an eye for an eye. & if they are forced to pay to have the work done, then brilliant, hit them where it hurts, the pocket.

True, but they needed planning permission for theirs, as we have established with the help of the police (who they called).

+1:thumbsup:


The police? They are not planning advisors or the local authority ;) What would they know?

You also perhaps heard the conversation out of context.
#21
pghstochaj;8060472
You do not always need planning for a driveway.


Correct :thumbsup:

pghstochaj;8060559
The police? They are not planning advisors or the local authority ;) What would they know?.


Again correct :thumbsup: they have no direct access to the Council's planning records nor do they need it.
#22
barneydog
Correct :thumbsup:



Again correct :thumbsup: they have no direct access to the Council's planning records nor do they need it.


But clearly they get involved if your neighbour rings them claiming you're trespassing or taking shots of their land. Read the whole thread...
#23
I think the only thing you will achieve is the council perhaps reconsidering their decision to fix it.
#24
hukd don;8060443
Police have reported the illegal work in the first place to the highways/council etc. So I guess the Papers (someone like the crusader - either the daily mail or telegraph) or Watchdog if it's still going.


Daily Mail, Telegraph, Watchdog...a tiny bit small fry for these I feel.

Just go and kick his face in. Job done.
#25
StudentJo
I think the only thing you will achieve is the council perhaps reconsidering their decision to fix it.


Spite always comes back to bite people.
#26
Penny Saver;8060612
But clearly they get involved if your neighbour rings them claiming you're trespassing or taking shots of their land. Read the whole thread...


I have, I was responding to this

hukd don;8060548
True, but they needed planning permission for theirs, as we have established with the help of the police (who they called)..


The only thing the police could do something about would be trespass or criminal damage.
#27
davelfc
Spite always comes back to bite people.


So does allowing people to walk all over you.
#28
Penny Saver
But clearly they get involved if your neighbour rings them claiming you're trespassing or taking shots of their land. Read the whole thread...


Trespassing is not a criminal offence, why would the police get involved? Taking photographs of somebody else's land from a public place is not a criminal offence (and I can't see many occasions when it would be a civil offence either).
#29
barneydog
I have, I was responding to this



The only thing the police could do something about would be trespass or criminal damage.


Police can't do anything for pure trespass, it's not a criminal offence. Aggravated trespass is.
#30
how can the police establish that they needed planning permission. your neighbours have not erected a building therefore no planning permission is required. aslong as they built on the land that belongs to them you cant actually do anything.

Only case you have is that they damaged your fence.
#31
Penny Saver
So does allowing people to walk all over you.


Or driving over :thumbsup:
#32
Refix your fence and break up a large section of his drive whilst putting new posts in.
#33
pghstochaj
Trespassing is not a criminal offence, why would the police get involved? Taking photographs of somebody else's land from a public place is not a criminal offence (and I can't see many occasions when it would be a civil offence either).


Last I knew trespass was a criminal offence, and as such any damage caused by trespassers is criminal damage. I may be wrong... off to do web based research on the matter... (google ahem)
#34
Snoop7
how can the police establish that they needed planning permission. your neighbours have not erected a building therefore no planning permission is required. aslong as they built on the land that belongs to them you cant actually do anything.

Only case you have is that they damaged your fence.


This is just all wrong.
#35
Snoop7
how can the police establish that they needed planning permission. your neighbours have not erected a building therefore no planning permission is required. aslong as they built on the land that belongs to them you cant actually do anything.

Only case you have is that they damaged your fence.


No strictly true, erecting a building is not a necessary component for planning. Driveways previously didn't need planning but new planning law in 2008 changed it.

However, there are exceptions on the need for planning for driveways.
#36
Penny Saver
So does allowing people to walk all over you.


True, but it makes not difference to the OP whose paying.
#37
Penny Saver
Last I knew trespass was a criminal offence, and as such any damage caused by trespassers is criminal damage. I may be wrong... off to do web based research on the matter... (google ahem)


No, it never has been a criminal offence in English law, but that doesn't change criminal damage of breaking and entering laws which are separate. You can trespass without causing criminal damage.
#38
Planning permission

From 1 October 2008 new rules have applied for householders wanting to pave over their front gardens.
You will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally.
If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways that do not provide for the water to run to a permeable area.



This makes no mention if the driveway was previously paved or not. Was your neighbours?
#39
davelfc
Like I said, move on, give it up, chill. The work is being done and you have not got to worry about your property. Is it worth investing time and effort in this? Isn't life too short for petty squabbles?


+1
Love thy neighbour
#40
Foxy102;8060774
Planning permission

From 1 October 2008 new rules have applied for householders wanting to pave over their front gardens.
You will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally.
If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways that do not provide for the water to run to a permeable area.



This makes no mention if the driveway was previously paved or not. Was your neighbours?



It makes no sense either if the drive is laid (as is normal) so that the water runs off it onto a lawn or gravel

Foxy102;8060774

You will not need planning permission if a new.......... if the rainwater is directed to a lawn or border to drain naturally.

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