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 Post subject: Planning issue - Can a Site Resolution Plan be challenged
PostPosted: Mon Jan 29, 2018 10:35 pm 
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Migrant

Joined: Jan 29, 2018
Posts: 2
I have a issue, there was an unfinished housing estate to the rear of my property that recently got going again. It was reactivated under "Managing & Resolving Unfinished Housing Developments". I'm happy enough this it is going to be finished out, however under the Site Resolution Plan they condemned the block boundary wall between my site and the housing estate.
The first we heard of it was a letter from the developer late on a Sunday night that it was to be demolished the following day. It was then replaced with a "tennis court" style fence.

The first issue I suppose is that although maybe one section of the boundary wall about 200m away was cracked and perhaps structurally unsound, there was no issue with a massive section including my boundary wall.

Ultimately I wouldnt have minded if they replaced the old block wall with the same but I think this "tennis court" style fence is inferior. When I spoke with the County Council Planners after it had been put up they said that they wanted to "soften" the look of the estate.

I have requested a copy of the Structural Engineers report on the wall but both the developer and County Council Planners have chosen to ignore this request. My own opinion is that it doesn't exist as it wasn't included in the Site Resolution Plan while a load of other reports were included for finishing out the drains and that kind of thing.

I'm wondering is it legal to change the planning permission of the estate (ie the type of wall specified)?
They responded to my letters by say there was no issue as it was "in accordance with guidance issued by the Department of the Environment, Community & Local Government for Managing & Resolving Unfinished Housing Developments".

I'm doubtful that it is but I'd have to spend money to challenge it and even if I won costs (which I'd be surprised if I did) then I wouldn't be that far ahead in the end.

Any advice that people could give would be greatly appreciated.


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 Post subject: Re: Planning issue - Can a Site Resolution Plan be challenge
PostPosted: Tue Jan 30, 2018 9:39 am 
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Under CAB Investigation

Joined: Apr 9, 2014
Posts: 2019
The builder has no right t remove a common boundary wall without your permission. However if the wall is not jointly owned you have no say other than to reinstate the wall on your land.


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 Post subject: Re: Planning issue - Can a Site Resolution Plan be challenge
PostPosted: Tue Jan 30, 2018 11:10 am 
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Migrant

Joined: Jan 29, 2018
Posts: 2
Thanks for the reply Luan, it wasn't a shared wall but it was the wall type specified in the original planning permission for the development. Does this Site Resolution Plan approved by the County Council allow them to make changes to planning permission without resubmitting a planning application / change in planning application?
Normally if a change in planning was being made then I or any citizen would be given the opportunity to make submissions on same in a normal case? In this case I could have objected to the change in the specification of the existing wall.


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