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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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Hi! My neighbour has been doing a lot of building work in the

Resolved Question:

Hi! My neighbour has been doing a lot of building work in the last 9 months. The communal yard has become a building site. They even removed the gate so there is a security issue. They blocked my garage a few time, once for 7 days with a ton of bricks. This is contravening their title deeds which allow my access to the garage and yard at all times.

Anyway, they recently applied for planning permission to do more work. So I am thinking to object to the application. However I need to know if the following are possible grounds to object:

i) Poor building practices. I have photographic and documentary evidence of the times they have blocked the garage and breached their title deeds. The also have refused to give me an end date for the work and they have refused to replace the gate (which did not belong to them)

ii) Their hours is owned (registered with the land reg office) by a company in the Virgin Islands (obviously a tax dodge). So do they have the right to apply for planning permission? Surely only the registered owner can apply for that. The residents are effectively nobody in this context aren't they?

Thanks!
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. I'm afraid to say that neither of the grounds you have cited are valid grounds to object to a planning application. Council planners do not take into account whether or not the applicant can legally undertake the works, just that the works would meet their policies on development if implemented. Accordingly, you'd have to object on planning grounds, such as the proposed works are out of character with the surroundings etc. However, there's nothing stopping you from writing to the applicant telling them that you will not tolerate any further interferences with your rights and you deny them any permission to enter your land or breach the covenants affecting the communal areas. You could copy this to the council to send a message, although it can't be used in the decision making process. Best, WB
Customer:

OK thanks!

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