Hello, I am Law Denning and I am a practising solicitor in a HighStreet practice. I have been an expert on this website in UK law since 2008.During that time, as you appreciate, I have answered thousands of questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Unless I have all the facts that I need, my answerwould not be accurate.
Do you have permission simplyto make an outbuilding or do you have permission to use it as a residence even a temporary one?I need the full background details please as towhat the claim was for and who it was against Thank you.
The building was erected in 2005 under permitted development rights. The use of the outbuilding is ancillary to our dwellinghouse therefore planning permission is not required. A couple of our neighbours objected to full planning permission and still insist in complaining on a yearly basis, so we get letter from the Council. This has to end it has been 8 years now. What can we do please
Personally I would not wastemoney on solicitors.
I would send them a letterwith the exact details they are asking and give them copies of the last eightyears correspondence.
I would tell them that youwill not reply to any more correspondence in this respect unless the answer isany different than it has been for the last eight years.
Tell them that if theycontinue to write to you in exactly the same vein (which clearly is a result ofreports from neighbours) you will firstly refer the matter to the Police with aview to getting the warning given to them under the Protection from HarassmentAct and secondly you will make a formal complaint to the Local Governmentombudsman.
With a covering letter makinga formal complaint.
Of course, if you want tospend a couple of hundred pounds on solicitors, you can do that but to be frank,I don't think there is any need.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
Pleasedon't forget to positively rate my answer service (even if it was not what youwant to hear). If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my livelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
I amoffline shortly until tomorrow and will pick this up then if needed
I feel as though my privacy is being invaded as my neighbours must be watching my property to know that one of my parents are here and watching their movement up and down my garden to the annex. What can I do about this?? It is nice to be able to chat to someone about it. I thought if the Council got aletter from a solicitor they may stop harassing me.
It willcarry more weight but it cost you a couple of hundred quid.
A complaintto the Local Government Ombudsman is free.
It dependswhether you want to spend the money.
Unfortunately,you cannot find out who has made the complaints because the Data ProtectionAct precludes it. What you can do however is make an application under theFreedom of Information Act as to how many reports they have received! That is adifferent issue altogether as it does not involve personal data.
There isnothing that you can do I am afraid about a "vigilant" neighbour who is just,to be frank, like a grumbling appendix and a pain in the backside.
If you knewwho it was (you need hard evidence and not supposition) you have a claimagainst them for harassment.
If you ask the police to bring a complaint, the police can get an order to find out whether the person was been reporting these incidents is indeed the neighbour .
Let me tell you now, that the police , although they are able to do that, are not likely to be the least bit interested I am sorry to say .
Thank you. Should we now apply for full planning to stop all this harassment. It has been 7 years since the building was erected, so can we apply through change of use? Do our neighbours have any say in this?
It might be a good idea.
The neighbour can only objectto the application on the basis of any adverse affect on his property and thecomings and goings of people (assuming that you are not going to sublet it toholidaymakers or the like) is likely to have little effect on his property.
If you get it, it puts an endto his shenanigans and if you don't, you are no worse off than you are now.
I would probably wait to seewhether I get another letter next year after my complaint.