Whos in the right ?

Discussion in 'General Gardening Discussion' started by spudbristol, Jun 18, 2008.

  1. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    It seems as though there won't be an amicable solution so the first thing to do is contact Planning and ask them to come round and see it.

    Until they make a decision there is not much that can be done. They will either say that it should have had planning permission or not.

    If it should have had it then they will say what they are going to do about it and you can let them deal with it.

    If it didn't require planning permission it may still be in contravention of Building Regulations. They should be able to advise on that.

    The last resort is to do something about the fence but there is no point in doing that until Planning have looked at the conservatory.
     
  2. borrowers

    borrowers Gardener

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    Strange reading this as only the other day i asked my neighbour on the right whose fence it was and they said theirs. Now this puzzled me because we have the 'lovely':mad: concrete posts, on the inside, on both sides of the garden.

    then it emerged that these neighbours had replaced the original 'chicken wire'(not sure if that's the right term - criss cross stuff that councils use) with stronger 'chicken wire' - guess where he used to work;). They obviously replaced it but then put it on their side.

    I'm not bothered cos we don't want to put any fencing up at the sides but again, its the principle.

    spud - i know how you feel. Keep fighting for her in a subtle way (know it's probably not your style but try:cool:) Shame she hasn't got any family to do it upfront so to speak. Let us know what happens.

    cheers
     
  3. jimbo1951

    jimbo1951 Gardener

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    About 8 years ago I had a problem like this regarding fencing we asked the council to come and advice which they did the fence on the right back to house is my naighbors and on the left is mine the good thing is my naighbours fence was not only the wrongway round ie aris rail my side but when the gentleman from council took measherments it was by time he got to end of it 12 inches over the border line where he was given a deadline to correct it. not a happy chappie was he.
     
  4. spudbristol

    spudbristol Gardener

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    well i was back there today i said she should ring the planning people she said she will :)

    got a couple of snaps to [​IMG]
    [​IMG]

    if that guttering was on my house id hacksaw it off :cool:
     
  5. JWK

    JWK Gardener Staff Member

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    That looks awful, the guttering looks a real cowboy job, I'm certain that the council will have to do something about that.
    If I lived there I'd put a nice big 8ft fence against their conservatory.
     
  6. spudbristol

    spudbristol Gardener

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    Yeah but the prob is his crap attempt of a fence there is actually in her garden so i dont know what can be done about that she did say shed get me to put one up propery but its in the way so i dont know how she stands with that
     
  7. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    From what I remember of the Planning laws it appears that the conservatory should have required Planning Permission. Unless they have changed the rules I remember them as saying that permission is required:
    1. If the extension is more than 10% of the original property
    2. If it is more than 4m high
    3. If the internal floor area is more than 30 sq m
    4. If it is closer than 1m to the boundary

    It certainly comes under number 4 and may come under number 1. I don't think it comes under 3 but I can't see the width of the structure.

    Anyway, it is almost certain to have required planning permission for it to be on the boundary and the drainpipe should not extend into a neighbour's garden without permission from the neighbour.

    Is the fence you are referring to the single panel visible in the photo? If it is, then I don't think it looks too bad and can be easily hidden, but if it seems to be over the boundary then your lady should ask the Planning Dept person what she can do about it. If it is over the boundary I would ask the neighbour to remove and if he doesn't I would do it myself.
     
  8. tweaky

    tweaky Gardener

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    Looks more like the Berlin wall than a conservatory. And I would definitely scupper that drainpipe then they would have to have permission to come onto her property before they could do anything about it.

    Why isn't it at the other end, on their property. I would be extremely annoyed. As shiney says, it is far to close to your property, they wouldn't have got planning permission for that I'm sure.
     
  9. susannah

    susannah Gardener

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    I have just read on one site that if a conservatory is more than 4m high (in any place and at any part) then it cannot come within 2m of your boundary - this may differ however in the case of terraced/semi/detached property - this is clearly a matter for the local planning department - they will usually be happy to make a site visit to give advise and support to your customer. How awful - I would not have that drainpipe on my property, aren't neighbours a pain sometimes!

    Trouble is we live in a society now that does what it wants when it wants, and has no regards for the rights of others whatsoever. (GC members are obviously not included!!) The installers are so moronic that they just do the job they are paid to do regardless of whether it is permitted! Hope your customer gets some help with this - good luck - really makes my blood boil!
     
  10. Banana Man

    Banana Man You're Growing On Me ...

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    Play it down the line contact your planning officer !

    Presumably the gutter drains into her garden ?

    In most cases (where planning would have been required) I think you need a party wall agreement (I forget the proper label) signed by the affected neighbour to build this close ?

    At the very least I bet they recomend altering the gutter to flow the other way and that window be blocked off, top lights be obscured glass etc. Not too clever having a gutter so close to the divide from a damp point of view. Would also be worth checking the gutter meets building regs for depth based in the run/pitch of the roof as very often on conservatories they aren't sufficient. This affects you based on the close proximity of the bulding.:rolleyes:

    Wow what an ar5ehole, getting annoyed and its not even my house !!!
     
  11. midnightrose

    midnightrose Gardener

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    I agree. Did they even speak to the neighbour before it went up? People are so inconsiderate :(
     
  12. Tim D

    Tim D Gardener

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    Good on you Spud, lovely to see a vulnerable person having someone who can support and assist them.

    I really think your customer should look at putting an 8ft fence up just her side of the boundary alongside the conservatory.

    I thought we had bad neighbours, but they just seem slightly inconsiderate in comparisson. We live in a mid-terrace, and for some reason they would do nothing all day and then start renoovating the house at about 4pm and carry on until us or their other neighbour shout at them thorugh the wall.

    We have two girls 3 1/2 and 15 months the other neighour has a 7 year-old daughter. They also do nothing in the garden and as there is only a 3ft chain link fence between us, all their weeds come through to our garden.
     
  13. spudbristol

    spudbristol Gardener

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    Yep they did and they promised the earth fence up and painted to match hers the lot but they didnt ask about the drainpipe and the one pannel is hardly a fence plus ill give it another week before it blows down :rolleyes:

    She allready has some fence at the bottom of the garden put up by her husband that is clearly in the boundary due to the original posts still being there behind it so can anyone tell me how i would stand if i put a fence up in line with hers and took his "effort" down in the process i would obviously not damage it and give it back to him :thumb:
     
  14. youngdaisydee

    youngdaisydee Gardener

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    Did you not get onto The Garden law site Spudbristol? Loads of info on there..and they will answer your questions and advise you on the legal side of things..Dee..
     
  15. spudbristol

    spudbristol Gardener

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    no i didnt ill email them i forgot about it:o
     
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