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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32326
Experience:  Over 5 years in practice
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Good MorningWe are a private homeowner, outside our

Customer Question

Good Morning We are a private homeowner, outside our home is a private road & path, then in front of this is a grassed area which is in a covanent to look after with neighbours. Over the years we have had problems with our garden and on occasions when the rainfall is really heavy it floods into our garage, and because we have access under our house from our garage it gets under the house. We are worried that this maybe affecting our foundations. Where we live is at the bottom of a hill, as you know on a private road set back from the main road. The road has no drainage, therefore all the water runs down to the bottom. We have tried to have a soak away outside our property, but it seems all the water which runs down the hill ends up in our garden or pools outside on the road. After years of this and subsequent freezing in winter, this caused the path outside our home to crack and lift and pushing our garden wall over. We knocked the wall over and disposed of path etc. as it was a hazard to our kids & friends playing. No one complained about there being no path for well over 18 months prior to us starting work. So about 7 months ago (saved the money up), we started to try and improve outside our property by digging out, paving the front and building a new wall. We have been doing a lot of the work ourselves and when we first excavated out we put a lot of the new pipe work in place, but we found land drains were coming into our garden. We had to dig out our garden and what was the path outside our wall, and because we own the land outside our property including the private road directly in front of our home we decided to build the wall just inside where the kerbs were edging the original path. So we could put a small pathway in if required. All our neighbours knew what we were doing and why we were extending the wall out. It was to get additional parking place in front of our property to include our caravan, which is currently on a neighbour’s driveway, 2 x cars and any other cars in future and also to divert the water away from our property which could potentially undermine it. It was only after we had built the wall and planning to finish it all work within a couple of weeks that we received a letter local council planning office explaining that there had been a neighbour complaint. We have not made a planning application, this was because we were not aware of this and had not checked this because we own the land and thought we did not have too, but if we needed to apply we would do retrospectively. The planning replied that if we made a planning application it would be unlikely to be supported as a result of loss of the footpath, which we actually own. I have explained that it is a private road, which no – one ever walks down the path, everyone parks on the paths outside their properties, and if we had to reinstate the path we would be parking on it, totally defeating the object of access for pedestrians. We have contacted the Highways Agency to ask advice on the flooding, water problem we have. They came out to our property and although they sympathised with our situation and could see what we were trying to do was to the betterment of the property, but because it was a private road and the water was not actually getting into our property they could not do anything. They also could not understand why Planning was insisting on putting a pavement in place, as we are not actually required to have a path in place. We have now been infromed by the planning that they plan to serve an enforcement, which probably entails us to knock the wall down aand reistate the path. Can they do this if we actually own the land? Apologies for going on kind Regards ***** *****

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
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.
Thank you!
Customer: replied 3 years ago.

Hi Nicola

Thanks for your help on this, I know it's not straight forward - never are!

Please could you cancel this question for me, appreciated. We have a meeting with planning next week.

With regards ***** ***** payment will this be refunded to my card?

kind regards debra