Hi All,
I would be grateful of some advice on the following situation please.
At the start of last year our Neighbours (whom we do not have a good relationship with) had their driveway re-surfaced. This seemed to consist of the top inch of so of the old surface being removed and agitated and then re-covered with new tarmac.
The result of this is that the driveway is now a domed shape with each edge lower than the centre.
This drive directly adjoins our driveway on one side and as there is no drainage along this side half of their driveway now drains across our drive and on to our lawn.
This has two impacts:
- Every time there is heavy rain a portion of our front garden now floods, this did not happen prior to the change and is evidenced by large patches of dead grass.
- In cold weather the water flowing across our drive turns it in to a virtual ice-rink - not good when we have two small children.
I have been in discussions with the Council who have confirmed that the drive in it's current state does not meet planning regulations. They have said that the neighbours have two options:
- Rectify the drainage issue.
- Apply for planning permission for the drive in it's current state.
They have however added that the fact that the drive drains across out property is not sufficient reason to refuse planning permission should the neighbours choose this option and that should this happen it would be up to me to seek redress via civil means.
Given the above it seems that the Council's main aim here is to make a quick buck from the planning application (which seems a forgone conclusion to be passed) without actually solving the problem!
I understand that improper water drainage comes under the (very old) Private Nuisance laws. Does anyone have any experience of the use or application of these in cases such as mine.
Any advice very welcome, I'm starting to think I've poked a hornets nest here!
Chris
I would be grateful of some advice on the following situation please.
At the start of last year our Neighbours (whom we do not have a good relationship with) had their driveway re-surfaced. This seemed to consist of the top inch of so of the old surface being removed and agitated and then re-covered with new tarmac.
The result of this is that the driveway is now a domed shape with each edge lower than the centre.
This drive directly adjoins our driveway on one side and as there is no drainage along this side half of their driveway now drains across our drive and on to our lawn.
This has two impacts:
- Every time there is heavy rain a portion of our front garden now floods, this did not happen prior to the change and is evidenced by large patches of dead grass.
- In cold weather the water flowing across our drive turns it in to a virtual ice-rink - not good when we have two small children.
I have been in discussions with the Council who have confirmed that the drive in it's current state does not meet planning regulations. They have said that the neighbours have two options:
- Rectify the drainage issue.
- Apply for planning permission for the drive in it's current state.
They have however added that the fact that the drive drains across out property is not sufficient reason to refuse planning permission should the neighbours choose this option and that should this happen it would be up to me to seek redress via civil means.
Given the above it seems that the Council's main aim here is to make a quick buck from the planning application (which seems a forgone conclusion to be passed) without actually solving the problem!
I understand that improper water drainage comes under the (very old) Private Nuisance laws. Does anyone have any experience of the use or application of these in cases such as mine.
Any advice very welcome, I'm starting to think I've poked a hornets nest here!
Chris
