Planning law

[Meryem]

Should I be notified by the local Planning authority when my neighbour has submitted a Planning Application that will potentially result in detriment to my Residential amenity?

[islandgirl]

If you are a close neighbour you should be notified. Go on the council website and find the application. There is usually a list of neighbours notified there. See if you should have been. Also notices should be posted (eg on lamp posts) close to the property.

[Meryem]

I received a letter in February, one week after the date of the letter, notifying me that my neighbour of 22 years wanted to create a 2nd freehold property. My husband and I were shocked. Our neighbour had said the annexe was for aged relatives only, don’t worry (the PA was already approved by then)
We noticed that the neighbour moved in and let the large Victorian house throughout. (An AONB and conservation area rich in Biodiversity in a settlement whose village history was based on agriculture.) Years later the neighbour sent mechanical diggers to excavate under or living organic and 100 year-Old wall to create a parking area (2012 we think) No warning, no consultation no planning permission sought.My husband complained but the concrete was already there. Several incidents of parking along our retaining wall and trees cut at height outside our living room, master bedroom and kitchen. Again we complained.
Yesterday was the first time I saw his 2006 original plan and was shocked to see that I believe he has taken some land at the bottom of our 1/4 acre South garden.
He covertly put up a shed more recently on this land that I believe is not his. His tenant has taken to parking next to his shed and I look out on it from my kitchen.
In the little time I had with no assistance due to Covid I submitted objections to the Cert., of Lawfulness applying present laws retrospectively and arguing access issues, loss of material rights but the planning officer said they have lived there for over 10 years and he will grant the Certificate.
I am very angry that my neighbour’s have over time changed the boundary and visual natural appeal of the landscape. I wish to apply for. Judicial Review but my husband is worried I will waste lots of money and won’t succeed.

[islandgirl]

I am not an expert but Change of use over 10 years no objections - cert of lawfulness will be granted. If he has taken your land you can object - perhaps get your land registry plan and the neighbours and compare. Unfortunately the time to object was during the 10 years.

[Meryem]

I have done that already and believe he has stolen some land. I was unaware as we have dense shrubbery, a large garden and never had reason to go down his track. It has only come to light following his recent PA. Thank you.

[islandgirl]

Not sure of the position here but someone can apply for planning on land they do not own (although they are supposed to tell the owner). Do you have a relationship with the neighbour? Have you approached them about the issue? Hopefully someone with more legal planning knowledge will respond soon.

[des8]

Do ascertain from land registry where your boundaries lie.
Cost £3 here http://www.gov.uk/search-property-in...-land-registry

Then if they have encroached write (registered letter) to them telling them to cease the trespass, and to remove the shed within the next two weeks.
Warn him that failure will see you applying for a court injunction and an order for adverse costs.