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Planning Law: there is a restriction on part of our property, it can only be used as a means of escape in order to protect the privacy and amenity of one of our neighbours. Does the Council really have the legal right to ban us from setting foot on our property, under threat of an enforcement notice?
Hi, I am happy to wait.
Hi, do you have an idea of when you will have an answer?
for general access,to be able to walk to and fro, the property consists of two houses which were owned by the same owner but had seperate uses as flats, a shp and store. they were converted into one residential unit and the walkway connects the first floors of the original buildings
The Council have threatened us with enforcement action if we go on the walkway for anything other than emergency and maintenance. If I understand your answer correctly they are exceeding their authority in so doing?
The last application was very plain, we requested variation to allow access and cleaning and maintenance, not for use as a terrace.The planning dept supported granting limited variation ie for maintenance but not unlimited access.
Of course not. We have a roof terrace above the second floor of the main roof. We have laced plants on the contentious walkway as it is ugly and there are glass doors on either side. The Council have said the plants being there is a technical breach, intially threatened enforcement and after we went "ape" they said they did not think it was expedient to pursue. Two councillors at the subsequent planning meeting asked about the plants and we told although it was a technical breach enforcement would probably be overturned on appeal or review. We currently water the plants from inside the property. We only wish to use it for access between the two parts of the property. We offered to put a glass partition up with film that restricts viewing, we offered to agree time when we would not use the walkway. The response was unhelpful
btw in the light of your answer how do you suggest we proceed?
would you be willing to discuss this with their legal dept, obviously for a fee, to see the legal dept's view? their ultimate sanction is to prosecute for breach of an enforcement notice isn't it?