never received a letter from the council prior to it being built, asking if we had any objections.
Presuming we should have, is it to late to do anything about it?
Answer:
I'm afraid so, and by law your right to light or a view is not a valid reason to object.
The notice of the required planning application will have been published in your local newspaper.
No. You can be mean to your neighbors and either sue them, or have charges pressed against them if you can find any. You could also contact the city and tell them about the situation. Or, you can be nice and live with it. Or, you can do neither and move.
I bet there was a sigh posted in the front before construction with a phone number, if you objected, it is required bby the law. it is to late now
check with your local council
Well before you pursue it I would talk to your nieghbors, not sure what your land rights are in Canada, but Im sure that you have a strong case if you weren't notified prior. God Bless!
it doesn't matter they would have had planning permission anyway, and 3 years ago have you got a problem with them?
it sounds a jealous thing to me
Probably. You would have been asked to submit any objections within a finite period of time, i.e 28 days. It sounds like you're stuck. Try hiring a JCB and smashing the s**t out of it. Expect a hefty jail sentence to ensue though.
Hmm...
The law has a tenet known as Laches. which might apply here.
Here's the definition:
LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.
Since three years has passed, I THINK you're out of luck. However, I'm no lawyer, and you might want to ask someone who has "esquire" after their name.
Good luck!
I think you will find that you were informmed by advert in your local rag. This is standard practice when public opinion is required with regards to building reg's. It's not the council's falt or your neighbours if you don't read the public notices section of your local news paper.
where i am you can still object but it might be deemed unreasonable by the court because the building has been up so long and the courts dont look favourably on those who opt not to exercise their rights for so long. However the burden was on the council to bring it to your attention so im not sure. The neighbour might be ordered to pay some damages but im realy not certain. the laws differ in different areas
Talk to a lawyer
Why has it taken you three years to do this - shouldn't you have done something sooner. Write to the council but I would imagine that it is unlikely that you would be able to have it removed.
Where do you live? In the UK planning permission must be obtained for any building which extends the original by more than a certain percentage. Also planning permission is generally not given for building work which would block light from neighbours if the said extension falls within 45 degrees of a window and is within a certain distance of the neighbours house.
Having said this, it differs from area to area and there are local bye laws which can come in to action.
Generally, any building without planning permission which is less than 12 years old could be subject to a demolition order. You need to contact your local council to check if permission was granted etc.
I think you missed your chance.
I would imagine the council were giving you the chance to object to planning permission, and as you didn't, it was granted. Your neighbours were then legally allowed to build their extension.
If they built outside the planning application, you may have grounds to object on that basis, but not on the original application as it went through.
As long as the new construction conforms with height and setback requirements as set forth in local ordinances and subdivision plans, as well as requirements of zoning, and any other matters which may appear in the chain of title, you have no cause of action.
no its not too late, but surely this is unfair on your neighbours you should have raised the issue at the time, as they have spent alot of money now on there extension. You would be classed as a neighbour from hell by me for sure!
I would try and file a complaint. He may not have gotten permission. There is probably a time limit. An important question they may ask, why did it take you 3 years to realize it is a problem? Make sure you have a good answer.
First you should figure out if you live in a glass house. If you do by all means call I am sure there is a government official sitting around with nothing to do but run out to start harassing your neighbor. Although it could be that government officials fault that did not make sure you got the letter they are the best at screwing up and making mistakes. Either way you won't look very nice and when they come out to harass your neighbor I am sure they can find something on your property not up to code no good deed goes unpunished.
Too late now. You could not have stopped it anyhow
In the UK there are certain permitted development rights for householders to build extensions, erect garden sheds, garages and the like or to put up boundary fences. There are of course restrictions on height and volume but if these are adhered to then no planning permission is required. Where this occurs a neighbour has no right of objection. Sounds a bit harsh but that is the way it is I am afraid.
When a development is to exceed the permitted development rights then an application should be made to the Council and thereafter the neighbours should be consulted to ask for their comments within a specified time (usually about 3 weeks). The decision will then be made and if approved, neighbours have no further rights to object or appeal, unlike the applicant who could appeal against a refusal.
It is not unusual however for a householder to simply have an extension built which exceeds the permitted development rights without seeking permission. Many get away with it because the Council do not know about it - extensions are usually built at the back of houses and are out of sight. Once such an extension has been up for 4 years or more it is then immune from action and becomes lawful by default. If you want to check on the status of the extension you can speak to your Local Planning Authority or get a competent Planning Enforcement Consultant to check it out for you. It would be less than a couple of hours work for a professional and probably cost around a hundred pounds. At least you will know for sure. Hope that helps
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