Quote: Originally posted by jjgderbyshire on 11/12/2015
I live in a Conservation Area and can confirm that it means jack s**t! My neighbour has just obtained planning permission to build a house in his back garden, despite objections. I am having to go through a process similar to applying for planning permission, just to trim a lateral branch from a tree which overhangs a neighbour's garage. If you want a planning department on your side, make sure you have a supply of brown envelopes.
Where I live, the planning officers are brutal in their treatment of applications to alter things in the conservation area. One friend was refused permission to change a skylight to a Velux window. You could only see it from one little room on the top floor of the crown court. No visible satellite dishes are allowed either.
Just outside the conservation area though, and anything goes. They've just approved an application to build hundreds of modern houses, even though we're in a national park.
I would firstly be contacting my insurers to find out if I had the relevant legal cover. If so, then a trip to a specialist lawyer, paid for by the insurers, and a strongly worded letter to neighbour putting them on notice that if any damage is caused to property/garden, they will be held to be liable and risk legal proceedings.
Seems your friend and the neighbours have already tried to speak with the person carrying out this work, without success, so they are left with little option but to follow the legal route. It may end up being long winded and expensive but to do nothing is not an option imho.
When you say that the land belonged to a golf club , and the land slopes down to the back gardens , did there used to be a drainage ditch running along the back of the gardens , where the hedges and trees where grubbed out ? I don't think you can fill ditches , as they are there to provide drainage , that may be worth looking into .
Perhaps your friend should get together with the other neighbours and look to put up some sort of barrier fence across the length of the gardens , a drain ditch or if the sewers are round the back of the houses , run some surface drains to them , only don't mention the surface drains to anyone , as those are usually meant to go to soakaways , which tend to fill up after heavy spells of rain , causing runoff and flooding . I tend to find if you go down a legal route involving solicitors , you may get a decision your way , it'll cost lots of money , time and grief , but it won't stop the problem .
When a developer started ripping out mature oak trees at the rear of our properties we rang and told the council about the owls nesting in them, TPO's were enforced almost immediately.
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