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JGM
JGM, Solicitor
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Planning Law:

Resolved Question:

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?


Attachment: 2013-08-04_080848_planning_decision_pp_13_02275.pdf


 

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

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Customer: replied 3 years ago.

Hi, I am happy to wait.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Hi, do you have an idea of when you will have an answer?

Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm sorry but we cannot guarantee a time for an answer. I will mark this question as high priority for you.

Your patience is appreciated,
Nicola
Expert:  JGM replied 3 years ago.
Thank you for your question.

I read this as being a variation of the planning consent to allow access for maintenance as well. So the roof is a means of escape and there is access for maintenance.

What more do you want to use the roof for?
Customer: replied 3 years ago.

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

Expert:  JGM replied 3 years ago.
And the planning is in respect of the property as one single unit? That being the case you are entitled to freedom of use of the property and planning can't restrict where you can and can't go in your property
Customer: replied 3 years ago.

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.


 


Thanks

Expert:  JGM replied 3 years ago.
What else are you going to use the walkway for if not for access and maintenance. Presumably your
are not going to sit up there and stare at your neighbours?
Customer: replied 3 years ago.

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

Customer: replied 3 years ago.

btw in the light of your answer how do you suggest we proceed?

Expert:  JGM replied 3 years ago.
One wonders what they could actually do other than serve an enforcement notice. What are they going to do after that. I don't think they have a remedy to stop you travelling from one part of your property to the other. I would be inclined to see what they actually do and if they do serve an enforcement notice simply appeal it.
JGM, Solicitor
Category: Law
Satisfied Customers: 10102
Experience: 30 years as a practising solicitor.
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Customer: replied 3 years ago.

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?

Expert:  JGM replied 3 years ago.
Experts on Just Answer can't take on cases outwith the site. Your own solicitor should be asked to do this.

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