baldyman27
Registered User
- Messages
- 639
Thanks csirl. I neglected to say that there will be no building on the bit of ground that is overlapping. Both his house and mine are outside of the area in question. I'm just wondering what's the best way to deal with it. Its all fine and well for us to agree it verbally and to put up a fence or ditch but I want it reflected officially. Would it negate his PP were I to go to the council and point the error out to them and ask that the boundaries be drawn properly? I don't necessarily want this to happen but have to do what I have to do to make sure that all is in order with my site.
Given that you seemed to have spent considerable time obtaining permission on your own behalf, why weren't you aware of this sooner and submit an Observation during the other persons planning application on this matter.
Again, its an engineer involved.
No wonder there's so little work for architects around!
whats the problem? correct me if I am wrong but an Architect is not qualified to layout a site. You need an engineer or charted surveyour ?
The honest answer to this is that I was aware of it. My neighbour got his PP after his third attempt also, in 2008. At that stage I had applied and been refused twice and was formulating this latest application.When my engineer was doing up the drawings he told me that the maps I gave him weren't matching what the council had on their site. We agreed that we would adjust my boundaries to fit and push on with the application. Things were sensitive enough re my PP that we decided not to make an issue of it, not to draw anyone's attention to any potential problems until I got PP.
That all looks very sound where there was a possibility of refusal, but now you have to defend a slander you appeared to acquiesce in earlier.
In relation to your planning situation; -
Is your father still alive? Yes, although terminally ill. Land will be coming to me.
If he is then, and is the owner of the property, normally you should have declared his ownership of the land on the planning application form and included a letter of consent in relation to you making the application if I recall correctly. You're correct, all this was done and in order.
However in some local authorities these requirements might be relaxed.
In relation to your legal position; -
You have none, per se.
All the advice given above in the preceding posts was based on you being the owner.
You father may have a legal position.
You say the engineer he used to survey the land also made the neighbours application.
OR
- Are you saying there was a basic error in the original survey that has carried through to the planning drawings? I don't think so.
ONQ
- Are you saying there was no error in the original survey and that he made a later error in the planning drawings. i.e. the survey and the planning drawings by the same engineer show different site bonudaries? This is more of a possibility although it may just be an error by the council in how they drew up the boundaries on their website. This would be the sixth planning application altogether between the two sites, possibility that the lines got blurred (literally) although it looks quite definite to me that the boundary line is significantly different this time around on the website.
Councils don't draw up site boundaries, except sometimes in an indicative way if they have online maps showing visual locations of planning applications/permissions. This is the only place that I can see the problem described.
The documents on their websites are usualy scanned images of what the applicant submitted and while these can sometimes be corrupted by the publication or the scanning process, its rare in my experience. When my engineer was overlaying the map attached to my application he spotted the discrepancy when trying to match up with the images available from the council.
Okay you need someone to look at this and depending on what's gone on it may need to be done by someone independent of either of the engineers.
One engineer may have caused the discrepancy and the other may be party to facilitating it, albeit on your instruction and for what seemed at the time to be good reasons.
If the existing boundary is demonstrably the original and it differs from the one shown on the most recent planning application then one course of action is for you to commission a Chartered Surveyor to carry out a digital/tachometric survey of the land in question. Is it safe to presume that the land registry maps that were drawn up at the original sale of land would be the definitive source of resolution? If so, then I'd be quite confident that getting a surveyor to plot the boundaries from those maps would give me the desired result.
This survey can then be agreed between the parties as the definitive survey or it could be used by you as a basis for asserting your title/defending any slander on your title.
It would be useful to do this while your Dad is still alive as he may have to swear a statutory declaration stating which is the correct boundary.
BTW, I'm sorry to hear about your Dad and didn't mean to pry - it was a comment on a planning issue and you appear to have handled it correctly.
Its quite important to him that the matter be resolved while he is still alive. Don't be sorry at all, your help here has been brilliant and has stopped me from bulldozing in and building a wall! Thanks again.
ONQ.
correct I am. It is good to learn something new.You stand corrected.
Careful there - what you own is quite likely to be what is on the ground - not what is on the map.Guys you've answered the question of where I stand perfectly. The maps that were submitted with the original sale of land should be good for me so. Originally, I stuck two posts in the ground to mark either end of the boundary line between the land that was sold and what is now my site. All surveys used these posts as the baseline and this line would have been used to define the bounds between us. So if I can get hold of those maps and the original survey things should be straightforward.
Thanks for the advice again lads, much appreciated.
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