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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8560
Experience:  I have been practising for 30 years.
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I have some land for which planning permission has been

Customer Question

I have some land for which planning permission has been applied. A neighbour, having seen the application to the Council and not wanting the development, has decided to raise a boundary dispute. In my view this has no merit since the documentary evidence is clear. Are the Council likely to be interested in this, involving a very narrow strip of land not affecting the development. I am only concerned that this interference will delay the planning application as the Council takes ages to consider any point due to lack of staff.
Submitted: 18 days ago.
Category: Property Law
Customer: replied 18 days ago.
In other words would the Council consider this a planning consideration, ie a valid reason for objection.
Expert:  Nicola-mod replied 17 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Nicola
Customer: replied 17 days ago.
I will wait for an answer
Expert:  Nicola-mod replied 16 days ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 15 days ago.

The council will not usually be bothered with boundary disputes unless the boundary dispute, if not resolved in your favour would affect, for example the right-of-way/access and that would adversely affect the development.

If for example the whole plot was 100 feet wide and you are building a house in the middle and the neighbour is now maintaining that the left-hand boundary should be 12 inches further over than it is, it should not affect the application for planning because it doesn’t make a material difference.

If however there is a dispute over whether drive vehicles over that land and that access is required from the highway and there is no other safe access, it would make a difference.

Similarly, if there is a restriction on the land which says that it cannot be built on, that is a matter between the owner of the land and whoever has the benefit of any covenant on it and not the local authority. The local authority can grant planning commission even though there may be a restriction and they can refuse planning permission even though something may be specifically allowed.

Incidentally, the only valid reasons for objecting planning applications are obviously that it breaches any rules or regulations and from the neighbour’s point of view, that it has an acceptable effect on the neighbouring property. A person can’t object quite simply because they don’t like it or don’t want it. It is the effect on the property which is relevant.

Can I clarify anything else for you?

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Best wishes.

FES.

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