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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 4053
Experience:  LL.B (Hons)
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I am being taken to court by the local council for Breach of

Customer Question

I am being taken to court by the local council for Breach of a planning Enforcement notice, In 3 years they have failed to respond to 3 complaints, failed to show me reason for the breach at all, That said I decided to comply and did what was asked but I was 2 weeks late, I am stumped as I meet all the conditions regarding the matter.
Basically I didnt like my Boundary wall, as it was made with engineering bricks, so I rendered the wall with Naturla stone, " slate" not in keepimng was the only reason I was provided, yet 50 meters away a fence surrounds a building that its multicoloured like a rainbow, I have a court hearing in July and I intend on pleading not guilty. but I am worried I'm missing something as they continue to persue it even thos they cant provide me proof, and I have sent them my proof that I complied.
Planning Permission
You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down* an existing fence, wall or gate if the following conditions are met:
• in regard to its height:
o it is next to a highway used by vehicles (or the footpath of such a highway) and it would not exceed one metre in height (from ground level); or
o it would not exceed two metres in height (from ground level) if elsewhere; or
o if an existing fence, wall or gate already exceeds the limits above, that its height would not be increased.
• no part of the site is a listed building or within the curtilage of a listed building.
• no part of the fence, wall, gate or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
• the right to put up or alter fences, walls and gates has not been removed by an article four direction or a planning condition.
If any of these conditions are not met, then you will need to apply for planning permission.I meet these conditions and advise ?
Submitted: 12 days ago.
Category: Property Law
Expert:  Virtual-mod replied 12 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.

Thank you!
Customer: replied 12 days ago.
ok thanks
Customer: replied 12 days ago.
Expert:  RJM Law replied 12 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist ifi in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 11 days ago.

Thank you I am just looking this over for you now.

Expert:  RJM Law replied 11 days ago.

I sent an answer to this previously can you confirm if you received that (it may be on a different feed)?

Customer: replied 11 days ago.
Hi no I dont have any previous responces from you, I only got the court summonds a few weeks ago
Expert:  RJM Law replied 8 days ago.

Apologies I will resend the response over for you now.

Expert:  RJM Law replied 8 days ago.

The first thing to do would be to contact them and explain the matter has been rectified, so aaas why they feel there is any need to pursue legal matters.  However, if they do go forward with the case, you will be provided with their documents to support their case, if you require to defend the matter, you will also want to demonstrate to the court that you have tried (unsuccessfully) to resolve the matter and comply with the council.  The court will not look favourably upon them if they have intimated legal proceedings without attempting to deal with you in the first instance.  I would hope if the matter is now resolved, there should be no need for legal proceedings.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.


Customer: replied 7 days ago.
Thank you for responding. Yes I have contacted them and their legal team provided evidence that I had complied but as I didn’t comply by their deadline of 4th jan they don’t seem interested.
My question is more that I satisfied all the conditions laid down in that the rendering of my wall didn’t require permission in the 1st place. They failed to prove to me that I was wrong and perused instructing me to remove it. Costing me over 10.000 in materials lost alone.
So I don’t feel that I am guilty at all and they were unlawful in their requests. Can I only dispute this in court even though I can evidence that now. ?
It just seems unfair that I didn’t need permission. But will have to bear costs to prove that in court when it’s as simple as providing evidence now. It’s almost bullying Me into the worry of a court hearing to adhere when I followed the guidelines and don’t feel that I breached any rules.
Expert:  RJM Law replied 7 days ago.

Ok, in which case there is clearly a conflict, if they are not willing to accept tis and remedy the issue then you would have to most likely consider legal action.