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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I live on a 132-property bungalow private estate of primarily

Customer Question

I live on a 132-property bungalow private estate of primarily 65+ residents. I am the latest resident to lose a contested plan app for a large wrap-around extension Permited on Monday. Povanle incorrect data on the plan will leave me with a wall with multiple windows and door within 735mm of my boundary and 840mm of two 1m square porthole lounge windows, the main habitable room. I have visual image evidence of encroachment across my boundary; foul water being hosed on to my front path because of existing lack of drainage; removal of the fence along the side facing wall protecting my boundary; damage to my front fence and its repositioning in order to claim the 1m building regs B4 distance rule. I also have the deeds, title and plans that state 40ft boundary, not right to light if.. and covenants including a nuisance clause. After seeking advice from you what is my next stepplease? Party wall surveyor? Building Control dept? Boundary dispute lawyer? Help please!
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question?
Customer: replied 4 years ago.

Yes, where do I go next? Party Wall Surveyor to confirm boundary and to protect my property interests before, during and on completion of works? Land and Property Solicitor to deall with feisty neighbours with deep pockets? Am I in a position to persuade Building Control iat least not to allow all the windows as less than 840mm from my main habitable toom windows?

Expert:  James Mather replied 4 years ago.

Have you appealed the decision?

Have you asked for conditions in the planning consent?

I need to know the current position please. Thanks

Customer: replied 4 years ago.

I believe only unsuccessful applicants can appeal a decision. I also believe the conditions are determined by the Delegated Planning Officer or, in this case, the Planning Committee. The only conditions agreed at their Monday meeting was for the Applicant's windows to be frosted glass to protect my privacy. It was also commente d that I could install a 2m fence on my boundary (to replace my low-level 0.8m fence that has been removed at some point) which would leave just 1 inch at the top of the 1 square m diam porthol windows. In practice no light at all!

Expert:  James Mather replied 4 years ago.

I am going to opt out of this for another
expert. The thread will now open to all experts. There is no need for you to do
anything and please don't not reply otherwise it comes back into my inbox.
Another expert, with the suitable expertise, will be along shortly.

Customer: replied 4 years ago.

Thanks but as no othr expert has offered any next-step advice, I trust the £40.00 will not be taken from my card. J.J. Timed 13.46

Expert:  James Mather replied 4 years ago.
I have no control over money. Experts are on and offline all day with clients. It isn't an instant service and someone will be along later I am sure