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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I received a notice from local planning dept informing me that

Customer Question

I received a notice from local planning dept informing me that the new owner of the flat above the shop next door to my property had applied for an outside stair case from his first floor flat to give him access to his garden and outbuilding at the back of his property. I was given 21 days from the date on the notice and details were not avaiable for 10 of thoes days but I did not object so I did not comment.After the permission was granted I was told by a third party from the neibour that he had been given permission to build a room against my building which forms part of the boundry wall. When I discovered the plans they had made my building took like it did not exist.
There was no notice issued from the planning regarding this development and I had only been informed of this by hear say and I feel like I have been deliberately missled by the planning case worker. I have talked to the case worker but they offer not practical advice as to how I can protect my building. I have obtained a copy of the party wall act 1996 but I am so beside myself its hard to concentrate and I do not know which way to turn for the best.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Hello. It sounds like you've done the right things so far, but the planning department won't assist - its not their job to consider private rights etc. I suggest you see a solicitor immediately - they can write to the neighbour to tell them not to start any work until the Party Wall Act has been complied with. If they need access to your property to undertake the work, you can also tell them you will not permit them to take access over your land. However, it is best this does come from a solicitor. They shouldn't charge a fortune for this initial letter. They can also advise on getting an injunction - this is what you will need to threaten (and apply for) if the neighbour ignores you. The fact you didn't object at the planning stage wouldn't prejudice this.
Expert:  wingrovebuyer replied 3 years ago.
Hello Marlene - do you require further help?

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