Neighbour has raised garden level. Advice needed.

[Stewjitsu72]

After trying to discuss the issues with my neighbour via a messaging app he has told me he does not want to discuss the matter any further and any further communication from me will be viewed as harassment.

its a shame that we can’t even discuss the issue now. He is satisfied with the work and sees no need to make changes so rather than go down the legal route we’re just going to put up some trellis and wait for the fence to fall over.

[MIKE770]

contact council planning I did and that solved the problem see what they state

[echat11]

contact council planning I did and that solved the problem see what they state

'22nd July 2021, 16:41:PM
Just a quick update:

Local planning department have declined to take enforcement action citing that there is little material difference from what was there before and what is there now.

Any ideas if there is a route for challenging this?

I have contacted my local councillor who is on the planning committee for help.

I don't know what else to do.

Thank you.'

[Stewjitsu72]

Historical ground level changes have taken place over a period of 12+ years and there is little left of the original garden meaning that it is near impossible to determine the natural ground level.

However I have dug out under our fence and found concrete to support the wooden fence posts that were in place prior to the existing fence. Images and measurements have been submitted to planning for review plus 40 pictures sent to me by the previous owners of the property next door which show ground levels in 2009 that look to have been raised even at this juncture in time.

Planning Department is severely stretched so I'm not holding my breath.

[loveurgarden]

Overstretched & 'lazy' Local Authorities are failing in a duty to protect the rights of their residents by refusing to take into individual concerns about boundaries, infringements of regulations, removal of one's privacy or trespass when dealing with planning applications. They will shamelessly say they will not take into account any matters that they might consider a civil dispute. They will make decisions, ignoring evidence that land they intended to build upon belonged to you and not them, such is the level of incompetence to offer some protection against theft by stealth. It is an easy option and they simply will fob people off saying it is a civil matter, leaving residents at the mercy of unscrupulous, greedy and selfish neighbours.
In many instances planning permission is required to raise garden levels to protect against those doing so without taking care not to cause inconvenience to neighbouring properties, or present a risk of damage to existing boundary fencing. Home insurance might offer some protection but only if you can afford a costly formal survey to prove your case, (since they say they want 51& certainty they will succeed but in fact they mean 95%) This means they are more likely to act for you if they have a formal report that demonstrates that your neighbours contravene any regulations; their actions have or are likely to damage existing fencing or wall structures.
Once the matter is resolved you can make a separate claim for them to reimburse you with any costs up to £5000 in the small claims court. Or if it went to court the judge would make a determination in this regard. However, you will be alarmed at the potential costs of tens of thousands of pounds to take this matter to court which is often a deterrent for anyone requiring to go down this route.
No-one should be raising their ground level if it means that any existing boundary is at risk from damage as a result of water ingress. They need to ensure that any existing boundaries were protected (especially if that boundary belongs to you.)
Furthermore, Royal Institute of Chartered Surveyors RICS say it is appropriate for you to write directly to your neighbour rather incur any unnecessary legal or surveyor fees for them to formally communicate with them. It is not harassment unless you are being threatening so keep all correspondence factual and friendly.
Telling you not to contact them is a determined effort to force you to incur costs which they hope will deter you from moving forward or taking any action. You have every right to do so but they are likely to ignore any requests from you because they can, and do not fear the consequences of ignoring you. A solicitor will insist they respond within a reasonable time and provide proof that they are not breaking any laws or regulations.
Take lots of pictures of the evidence you have discovered as this will be essential in proving your case. Search for historical evidence too. Sometimes there are historical images or it could exist within original land registry documents (original plans for the construction too can help.)

[FionaSmith]

I know this response is a tad late, but I wanted to chime in for others who might be facing a similar situation. Your neighbor should have obtained official permission from the council planner before making these garden changes. It's important to follow the proper procedures to avoid any disputes.