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Thanks for your question. I am a solicitor in Scotland. The planning department is right. This is a civil matter. Encroachment on your boundary is something, that if you take it all the way in court, your neighbours would have to take the extension down. Does the neighbour admit there has been encroachment?
As the building encroaches on your land, that bit of the building is actually owned by you. It isn’t a party wall if it is on your land so you can plant what you like. The planning issue is entirely different from the title issue. Short of taking the building down the neighbour has to be prepared to buy the encroached land from you. That gives you the advantage here as regards ***** ***** I hope that helps. Please leave a positive rating so that I am credited for my time.