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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I sold a plot of land which has now planning permission for

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I sold a plot of land which has now planning permission for a single dwelling. The land is next to my house and the builder has put on several containers which 'he says' contain items connected with the proposed dwelling. The planning department have stated that there is nothing they can do as he is not breaching any planning laws. I know that if he just puts in the footings he can delay building ad infinitum and he can keep the containers on the land as long as he likes.Until last month this was not too much of a problem as I raised the height of the fence to hide these eyesores. However he has now put another container on top of the existing one, meaning that the total height is approx. 16' high, at least 6' above my new fence. These containers are only inches away from the boundary fence and I am desperately trying to sell my house but obviously this is not an option at the moment.My main concern is he will be able to leave the site as it is and may never build on the land, so I just need to know if there is anything I can do to get these containers removed, or at least put side by side instead of on top of each other. They are causing great stress to myself and as I have no direct neighbours that this situation affects, it is very difficult to get support.
Thank you. Gail Hark
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

Hello Gail my name is ***** ***** I will help you with this.

Are the containers causing any sort of hazard or health risk please?

Customer: replied 9 months ago.
I don't think so although the top container is apparently to be used as a rest room/toilet
Expert:  Jamie-Law replied 9 months ago.

But the Council have said they can't do anything?

Customer: replied 9 months ago.
The planning department say he is not breaching any planning laws so I think my only recourse is to come at it from another angle. Perhaps on the grounds of unacceptability. Surely if this were neighbours putting huge items in their garden this would be deemed unacceptable? We are talking in excess of 16' high. I apologise if my replies take a while. I now live remotely, away from the property as it causes me so much distress. The internet is spasmodic at best. Kind regards ***** *****
Expert:  Jamie-Law replied 9 months ago.

Thanks Gail. Its bad news I am afraid - unless he is breaching some law then there is nothing you can do.

Council have said there is no planning issue. I assume there are noise, smells etc coming from the containers which means you do not have any action to take under the Environmental Protection Act.

This leaves a right to light - if its blocking light you could have a claim.

However planning permission will only be for a certain period of time, when he has to complete it by. If he does not then and only then could the Council take action.

But sadly that is your only option. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
I thought this would be the case and I believe that as long as the footings are in before the expiry date of the OPP he can just leave the plot as it is, containers and all, ad Infinitum.
Expert:  Jamie-Law replied 9 months ago.

I am sorry its not better news. I really am, but legally you are stuck.

Can I help with anything else this evening?

Customer: replied 9 months ago.
No all good thank you. Have a good weekend.
Expert:  Jamie-Law replied 9 months ago.

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