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Breach of planning?

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  • Breach of planning?

    Hi, what are people’s thoughts? Our neighbour who lives on land a little higher than ours submitted retrospective planning permission for his barn he is slowly converting, that was approved with conditions that the drainage plan was adhered to, for the sole reason not to flood properties lower down. Essentially he submitted a plan that completely omits the very large drainage pipe from his field into a drain into our property, we have flooded and had to put measures in place to prevent the full force of the water coming through at once with heavy rain.

    We explained to the council he is breaching the planning approval conditions. They have come back and said unless we can prove the pipe was put in since the plans were submitted it is not considered a breach!!! Honestly what is the point of having conditions if they can just be ignored? Anyway question is do you think the ombudsman would take a different view to the council who are totally useless. Other option is we go to court against neighbour to get him to remove pipe as it’s not surface water and we should not have to accept it.

    Thank you.
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