A house that I own is adjacent to a development that is currently under construction. The developers have taken down the 2 metre fence (we erected the fence when we built our house in 2009) between us without our consent (allegedly it was hit by a visitor to their site).
Upon investigation I found the planning consent they are working to contains the following condition. "Prior to the commencement of development the access shall be constructed with the visibility splays of 2m x 43 metres and maintained at all times........".
The developer is clearly in breach of this condition as the visibility splays run across the front garden of the house that I own. Therefore they cannot guarantee their maintenance as I could erect a 2 metre fence across the visibility splay.
Prior to my contacting the developer I would be grateful if you could advise if there is a standard formula for restitution. I have heard that in the case of ransom strips on sites the restitution can be as much as a third of the development profit.