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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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I have a problem with a neighbour ruining a creche buisness

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I have a problem with a neighbour ruining a creche buisness and we have a shared drive. Which cars are using to get to their location and is restricting me from entering my drive. Also their are a number of small children not being properly supervised being a danger when trying to access and leave my drive also it and not be be legal the number of small children that this person is looking after. I have tried to speak with them today and have be verbally threatened.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this?
Customer: replied 3 years ago.

hi would to some more details my neighours rent the house from a landlord but i do know the his address i am really concerned that there will be accident here with the number of small children and the number parents that are obstructing my access but i do not know how to deal with this as i have tried to speak to then and this is my last resort.

If there is no planning permission for this business, that is a matter for the local authority and you need to speak to the local planning department.

If there are more children than they are supposed to take, that is also an issue for the local planning department.

If you think the children are not being supervised properly or that there is nothing of supervision, that is a matter for Social Services.

If the visiting cars are actually blocking your drive (but still on the road) rather than just making it awkward, that is a matter for the highways Department of the local authority.

If they are not blocking the drive but simply making it inconvenient, there is nothing you can do about that.

If they are obstructing the shared drive, you can seek an injunction against the landlord of the next-door property and the crèche to make them stop obstructing the shared drive.

Provided you were in this house before the crèche moved in you also have a claim in common-law nuisance to have a nuisance abated.

As you can see, there are a lot of avenues that you can pursue and it really depends on the attitude that the local authority take with this as to whether you then take your own court proceedings up.

Can I clarify anything for you?

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