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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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One of the cottages thats backs on to our land have applied

Customer Question

One of the cottages thats backs on to our land have applied for planning permission and one of the alterations is that they want to replace the gable end wall, which is immediately adjacent to our land, with glazing to first floor and inward bi-folding doors to the ground floor. This means that when the doors are open the owners of the house can step out into our field which has livestock and horses in! We are not sure the best way of handling this. Our new neighbours haven't been to see us and we don't know where they live at the moment to discuss this with them.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Customer: Hello. I think i can assist. Are you aware of any rights of access your neighbours have to your field? This would be unusual but not impossible. If they have no such rights, then I am not sure how they propose to build a new gable end without entering your land. You could simply write to them to say you do not and will not grant permission. They have no rights under the Access to Neighbouring Land Act as this covers entry for repairs, not new works. Furthermore, if this gets consent, you could of course simply erect a new fence or leave something on your land which makes the new windows less attractive to install... Regards, WB
JACUSTOMER-p3rki17j- :

Thanks for your reply. They do have 'right of access' to their back gate only from the lane, via the footpath on the neighbours land to our field and then behind the neighbours house to their single garden gate. This is stated in the Deeds and both ours and the neighbours Deeds state nothing bigger than a wheelbarrow to be used. The cottages are a few hundred years old by the way! As they are altering the roof line and putting a first floor in, are they allowed to put scaffolding up in our field even if we say 'no'. (if the plans are passed of course). We could, of course, always put a rusty old tractor in front of the wall now I suppose! Julie

Customer: Hello. Thanks. No, they are not allowed to put up scaffolding on your land without your consent. As I say, the Access to Neighbouring Land Act will not apply because these are new works and modifications and the Act only permits entry for repairs and maintenance. I suggest you do park a rusty old tractor right in front of where the door is proposed! That will send a very clear message. Also, submit an objection to the council, saying you will not permit access to your land for these works,can't you are concerned about the door opening onto your land. I think you will have every success in defeating this. Best, WB
JACUSTOMER-p3rki17j- :

Thank you very much WB, you have given us the answers we were hoping for.

JACUSTOMER-p3rki17j- :

Sorry, pressed return, before I had finished. I also meant to add, I will let you know how we go on with the planning application. Regards Julie

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Expert:  wingrovebuyer replied 2 years ago.
Thanks Julie.
Customer: replied 2 years ago.

Hello Wingrovebuyer.


Just to let you know that the submitted planning application was refused. Mainly because of Policy GC12, specifically the amount of additional floor space in the application - 60.9%!!


 


We had a letter from him last Saturday (the first communication since he bought the property 12 months ago!) and he is doing a re-application, so we await round 2... Also in the letter he said his architect didn't include any barrier on the plans as they were not required for the planning decision and that the planning officer has misinterpreted GC12!!


 


Once again thanks for your help and we will be in touch if we need more advice.


 


Julie