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Legal Advice regarding conflict with neighbour

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  • Legal Advice regarding conflict with neighbour

    It's a bit of long story but I have conflict with my neighbour regarding a mutual wall.

    We live in an old town where pretty much every building is connected to the next, all these buildings are listed most Cat C and it's a conservation area. The neighbouring building is own by a buy-to-let investor and contains offices. One day he got in some contractors who put scaffolding at the front and rear of the building due a leaky roof. Next day the police came to us, demanding that we show proof of a licence to do so. We told the police it had nothing to do with us, they should contact the owners of the neighbouring property, but it was clear they had put up scaffolding on the pavement without a licence. I sent an email to the neighbour saying that the police had visited, asking what the problem was and happy discus any issues if they concern the mutual wall. His reply was thank you for the heads up and it would only affect his building to fix the roof.

    In the weeks after that the contractors put timber cladding around the gable wall on both sides, my side of the mutual wall and his. So I sent him an email asking what the plan was, that it is a mutual wall with a shared responsibility and if he would please come talk to me. His reply was he was just putting weather proofing in place. So I sent a reply stating that the buildings are listed and require Listed Building Consent. He replied he would take full responsibility if there was any problems. Someone then informed the council and enforcement action was taken against him.
    Subsequently he put in a retrospective planning application for the work he had done. This was refused on the basis in was not in keeping with the fabric of the building. This all happened Pre-Covid-19.
    I then received an email from him telling me to mind my own business, that he doesn't need my permission to do work to the gable wall and will whatever he likes.

    In August this year he reapplied for listed building consent, with plans that I don't really object to. Due to Covid-19 the council has decide that they didn't need to inform neighbours, just publishing it on their planning portal would be sufficient. By the time I had seen it was too late to object and the plans had already been approved. The planning application form states that he owns the property the work is being done too, but the plans clearly show he wants to replace the skew on my property and do work to the mutual wall.

    The question is if listed building consent is given for the plans does that automatically extend to my property or do the works to my property require separate LBC? What about clearly putting something on the application form that isn't true?

    Beside the fact I don't like people doing work to my property without my consent. If LBC does not include my property and they do the proposed work, then it is me the owner that has committed an offence. Now I rely on a security clearance to do my job, if enforcement action were to be undertaken the actions of my neighbour could cost me my career.

    Any help or advice would be appreciated.
    Tags: None

  • #2
    I don't know about the listed aspect of the building but I believe you can apply for planning permission on land (and possibly buildings) you do not own though you have to tick a box to say you have informed the owner? Check the details on the application - are you named as owner?

    Comment


    • #3
      Originally posted by islandgirl View Post
      I don't know about the listed aspect of the building but I believe you can apply for planning permission on land (and possibly buildings) you do not own though you have to tick a box to say you have informed the owner? Check the details on the application - are you named as owner?
      There is a tick box on the application form saying: Are you the sole owner of ALL the land/building relevant to this proposal?

      They have ticked YES

      Comment


      • #4
        Perhaps contact the council?

        Comment

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