Got planning permission with no objections - neighbour wont give access to her garden

J

Jellybear

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We applied for planning permission for a two storey extension to rear of our property and we received planning permission without any objections having been received at all.

Our builder has given us a start date of the middle of August but when he approached our neighbour she has told him that no builder is getting access to her property to allow him to plaster or build the extension.

What can we do ???? Our builder told her that he would clean up any mess - provide barrier to keep her property private and that we would plaster all her garden walls - all to no avail.

Is there anything we can do legally or otherwise - if she didnt object to the planning what is she at now.?
 
Why are you linking objecting to the planning to permission to get on her premises? These are two totally different issues. I'd guess she is annoyed that some stranger (the builder) approached her - why didn't you approach her yourself? It is her property - you will have to negotiate a solution. Did you just assume that you could walk all over her property? Would you be happy if she did the same to you without so much as asking her permission?
 
Of course we wernt going to walk all over her property - what do you think I am ???

We had discussed it with her and when builder was talking to her saying that he would need access at some stage to plaster the wall (our new wall) - she objected saying that nobody was gaining access to her property.

She started discussing with the builder that she had a problem with the extension but she didnt object to the planning permission and didnt come to us with any concerns??? That is why I am linking the two together !!!

At the same time when her shed was being built we had no problem letting her roofers in to our property to finish work.
 
Jellybear said:
At the same time when her shed was being built we had no problem letting her roofers in to our property to finish work.
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Did you say that to her when asking, seems very unfair of her not to return the favour.

I suppose she objects to the extension but I dont think there is a way for you to force her to allow your builders on to her property.

All you can do is sit down with her and talk it out.
 
I didnt say it to her when I was asking - I honestly didnt think that there would be any problem - seeing we allowed it in the past and there are (were) no difficulties with us as neighbours in the past.

I suppose I may just have to go and have a chat with her tomorrow and she what the problem is.
 
What could her concern\problem be?

Annoyed that the neighbours getting a bigger house? The extension blocking out light from her garden?

Or is she just cranky?
 
Re: Got planning permission with no objections - neighbour wont give access to her ga

SteelBlue05 said:
What could her concern\problem be?

Annoyed that the neighbours getting a bigger house? The extension blocking out light from her garden?

Or is she just cranky?
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Annoyed that she has been taken for granted?
 
Re: Got planning permission with no objections - neighbour wont give access to her ga

RainyDay said:
Annoyed that she has been taken for granted?
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Feck that, if she feels that way I wouldn't give a damn, she should return the favour of allowing builders on to her property.
 
This is unfortunate and I feel for you as we too have recently secrued planning permission and ocassionaly access the neighbour's land but more for convenience than necessity (with permission of owner - a nice person). We didn't receive any objections to our plans during permission stage but it was always on our mind that non-cooperative neighbours could raise their heads subsequent.

In law the position is that you cannot access someone else's land without permission, otherwise it is trespass (criminal and civil wrong). However generally you would be able to access a neighbour's property in the case of effecting emergency/essential repairs to your property, but this is probably not your position.

But if you think about it your neighbour has an interest in seeing the wall plastered otherwise she/he will be left looking at grey brick block/unplastered wall. If you make that the issue she might move from her position.

Also check your title deeds. There could be something hidden away in the deeds (and your neighbour's deeds) supporting the right of access to each other's land in certain circumstances. I am assuming that you and the neighbour share a common wall - i.e. terrace/semi-D? Have a chat with your lawyer to have him/her check the title deeds.

Good luck. And remeber what goes around comes around. Pity your neighbour if they need a favour.

Regards
 
would it not be a good time to mention that when she was doing work that you "allowed" her access on your property. I can't believe what I am reading, she conveniently forgets what you did. Very bad show.

noah
 
Re: Got planning permission with no objections - neighbour wont give access to her ga

SteelBlue05 said:
Feck that, if she feels that way I wouldn't give a damn, she should return the favour of allowing builders on to her property.
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What she should do is completely irrelevant. All the balls are in her court. The OP has no negotiating power. He needs to find a way to sweeten her up and get her on side.
 
Ozzie - thanks for that - I will have to look into title deeds if I cant resolve it - we do live in a semi-D - so that is an option which I can look into, which I didnt think about.

The extension is not blocking light in any way at all on her property.
 
This happended to two sets of friends recently. Almost identical to your story - first one eventually persuaded neighbours and second one had to take the wall in a couple of inches so there was no party wall. They have fallen out with the neighbours because of this.
 
Well, my other half tried the softly, softly approach today - no joy at all -

I might call in again myself on Tuesday - but I imagine that we will have to consider taking the wall in a few inches to allow builder to work.
 
Your other alternative is to leave it as a block wall and at the end of the build you can ask her if she'd like it rendered. If she says yes then say they'll have to gain access from her side, if she says no, then so be it...you did your best.
 
Anybody who takes for granted that a neighbour will facilitate building work from their property with the considerable inconvenience & nuisance involved deserves what they get. Surely commonsesnse & decency would suggest that this be sought before a planning application was made. Having had 2 occassions of personal experience in a similar situation & come through successfuly after protracted legalities & costs I can say that it is your problem now & not your neighbours. Furthermore if you do not complete the work to a proper standard (i.e. rendering & finishing ) without trespass you will be legally liable. In my case one neighbour was forced not to proceed with the extension. In the other case he went ahead & built a new wall just inside the existing boundary wall. In doing this he failed to finish the work properly & caused building materials, debris to fall on top of my shrubs & plants. He also damaged the boundary wall which was used instead of scaffolding by the block layers. I successfully got legal costs & 7,000E compensation . Perhaps you should blame your architect for not getting wayleave for the project at the pre planning stage.
 
It sounds like your neighbour won't budge. You will probably have to move the boundary wall in a bit. Just hope her shed roof needs repairing soon.
 
I see your point Battyee, but in this instance, the OP had already allowed his neighbour to work on her property from his side. He also discussed the matter with her. Surely this was the time to raise objections, not when planning was granted and work about to begin?
 
Re: Got planning permission with no objections - neighbour wont give access to her ga

liteweight said:
Your other alternative is to leave it as a block wall and at the end of the build you can ask her if she'd like it rendered. If she says yes then say they'll have to gain access from her side, if she says no, then so be it...you did your best.
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The planning permission probably states that the extension should match the existing walls in which case this won't be an option.
 
Jellybear, Unless you can do something e.g. cash sum to change the neighbour's mind - you'll have to get back to the drawing board & modify your plans. This may need a new planning application. Your only alternative is to proceed & build a seperate wall within your property & hope that you can avoid further action from either the planning authority or the lady's solicitor. Either way you will be in breach & out of order. I know of several cases like yours but whether you get away with it or not depends mainly on how stubborn the neighbour wants to be.
 
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