Soakaways and Planning Consents

[swithland]

Hello everyone

I was granted planning consent to demolish and rebuild my house plus build a substantial detatched garage / workshop. The approved plans did not show the location and direction of the surface water....these details went into the building regs drawings.

Now the building works are nearing completion, I dug out the soakaways and laid the drainage. A nosey neighbour phoned up the council and complained I was ripping up the ridge and furrow in my side field and filling a large hole with rubble. Immediately the charnwood borough council enforcement officer came out to take a look and took photos.

The neighbour is arguing that the plans did not show any soakaways and as such I have ruined his view over my side garden because I buried a load of rubble under what he describes as ridge and furrow. Admittedly I did bury around 50 tonnes of rubble to make the soakaway, but then the house and garage combined are totally 6,000 sqft and there is also a lot of run off from the driveway which is around 250 meters long by 4 meters wide, plus a large round turning area.

The neighbour was furious that the grass area to the side of my garden was ripped up and the result as he described it was "the somme".

I am now waiting in fear from the council enforcement officer to hear if what I have done is not allowed. The enforcement lady said she was going to check if the plans showed the position of the soakaway to see if what I have done complies with the planning consent.

Its been around 3 weeks since the visit and ive heard nothing yet. My neighbour is out to get me and reports me everytime I dig a hole in my garden !!

Does anyone know if I need consent for the soakaway ? The last thing I want is an enforcement notice as I really dont want to fight an appeal.

 

[xdave]

I would think it is unlikely that the enforcement officer will do anything unless it was an explicit condition of the planning permission that it must be (or not be) in any particular position. Unless the land has been raised significantly then surely it is just standard landscaping. If it is an excessive height and the council do try and force it then flatten the top slightly and make it follow the natural gradient of the site.

As the neigbour wants to be petty then maybe consider building a 2m wall/fence in front of it (or 1m next to the highway, assuming your PD rights have not been removed). Alternatively you could plant a hedge along the top of the ridge, but leave gaps if it is near to a boundary and mow the grass on the other side at least once a year to prevent the boundary being crossed by your neighbour and him claiming rights to it in the future.

In the mean time while you are waiting to hear back from the council I would be out in the garden every day with digging plant moving soil from one small pit to the next in random positions. Keep moving a couple of empty (and clean) large chemical drums around the site too. It will drive your neighbour potty and maybe teach him not to stick his nose in to other people's business.

 

[swithland]

Hi xdave

I hope you are right and they dont take this any further....and yes....i may well go down the other hole approach with the neighbour !!

 

[olaf]

Hang on - the neighbour complained that it spoiled her view of your garden?

I'd look at getting a gazebo and putting it up over the area - as long as it is up for less than 6 months at a time then it is a temporary structure- it is a tent right!

sorry this amazes me - you could lay the ground to nettles for making nettle tea if you wanted, it is your land!!