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tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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The boundary at the front of my house was split level. The

Customer Question

The boundary at the front of my house was split level. The next street up is approximately 5 feet higher than mine. The boundary was a bank with trees. My neighbour removed all of this completely and built a 5 foot high wall along the entire front of my property, to retain his garage which is approximately 6 feet within his property.
He is now constructing a block shed onto his garage which sits on top of the retaining wall.
So, from looking out of my front window onto trees, I will be looking at a 12 foot high block wall. The front of my property is a private track with a car port at the boundary side.
Is my neighbour allowed to do this?
Submitted: 4 years ago.
Category: Property Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

You cannot usually build any fence wall like this in excess of 6 ft without planning permission. Do you know whether he got planning permission?

JACUSTOMER-q4iz3hw7- : He was asked by another neighbour and he said that he didn't need planning permission for what he is doing. I thought that if he had applied, then I would have had some correspondence from the council to ascertain if I had any objections.
JACUSTOMER-q4iz3hw7- : And by the way, hello Tony. Steve here.
tdlawyer :

Hi Steve!

tdlawyer :

Yes, you would usually get correspondence, but I suppose correspondence can go missing. It's worth checking, but if he's building a 12ft wall, then yes, he is likely to need planning consent.

JACUSTOMER-q4iz3hw7- : It has been tremendously stressful for both myself and my wife. We have lived here since July 1995 and he moved in around 2 years ago, and has attempted to bully everyone. He is a builder, by the way.
JACUSTOMER-q4iz3hw7- : prior to him moving in it was so peaceful here.
tdlawyer :

He sounds like a bit of a troublesome neighbour.

JACUSTOMER-q4iz3hw7- : i think he is attempting to get around the law by building the 5 foot high retaining wall, then constructing the shed wall on top of it.
JACUSTOMER-q4iz3hw7- : he is totally unapproachable. He threatens physical violence. Although having served in the Navy for 31 years I am totally immune to bullies.
JACUSTOMER-q4iz3hw7- : What should I do?
tdlawyer :

Is he on your land at all>

tdlawyer :


JACUSTOMER-q4iz3hw7- : He has been to build his retaining wall. We had an old metal fence amongst the trees that used to be there, but he just dug everything out to build his wall and just left the fence on the ground, so I had to dispose of it. He has totally destroyed our front view.
tdlawyer :

Okay. Generally, this is something that the council should be taking up for you, it being a potential breach of the planning regulations. Have you informed the council?

JACUSTOMER-q4iz3hw7- : No we haven't. I plan to inform them of my concerns, first thing on Monday morning. We feel that what he has done has also seriously affected the value of our property with the view of a high wall at the front.
tdlawyer :

This is your starting point - it costs nothing and they have a duty to look into these things and, if appropriate, take action on your behalf.

tdlawyer :

However, you could potentially have a nuisance action against him yourself, which you could run with without the council, but much will depend on how bad the situation is when judged by a court.

JACUSTOMER-q4iz3hw7- : Thank you Tony. We appreciate your help.
tdlawyer :

You're more than welcome. Is there anything else you would like me to answer for you?

JACUSTOMER-q4iz3hw7- : No thank you. We have a lovely life apart from this issue. Hope you have a lovely weekend. Thanks again.
tdlawyer :

You too - I hope you manage to sort it quickly!

JACUSTOMER-q4iz3hw7- : I'm not holding my breath. But I will see this through.
tdlawyer :

Good luck to you. Hope you have a good weekend.