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Failure to submit to planning process

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  • Failure to submit to planning process

    Looking for some guidance as I have received an email from a representative of the owner/ developer of the next door building. Some weeks ago they began a partial demolition of a back building comprising two studios to make a new 2 bed flat. we advised them that they may need a demolition order, conservation area consent and to submit a planning application as well as issuing a Party Wall notice. They claimed damp ingress from our roof and it was emergency repairs, we advised getting a surveyor to establish the issue which they refused along with a refusal to acknowledge need for a party wall notice.

    The work was extensive and the LA finally issued a temporary stop notice which was breached repeatedly. The developer then began excavation of the basement. whilst building control state the work is not great it has not fundamentally damaged either property or placed either at risk - yet. The LA intended to issue a further stop notice and enforcement. However we then received an email saying they were suspending work on the site (although work appears to continue to the basement). No planning applications have been made nor party wall notices with plans to excavate below the foundations.

    A rear wall of our property has now been left exposed to the elements for weeks as a result of refusing to adher to process and by refusing to complete works damp ingress will be inevitable. Damage has also been done to the integrity of a large straddling party wall fence, a Victorian wall nearly 15' high and some 30' long. In the letter they refute all responsibilities.

    There are clearly acknowledged breaches but what is your advice to seek best resolution. Also I have a sense that there are various issues we could look at but would be grateful for any guidance on what else we may wish to consider.

    Thanks in advance
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