Stopping a supermarket from erecting scafolding on my land

[lovelyhead]

Hi all.

A supermarket has just gained planning permission to convert a disused nursing home that is next door to us into a (you guessed it!) supermarket. In order to do the conversion it seems extremely likely that they will need to erect scaffolding on our access path that runs up the side of our house. This access path is owned and shared between us and 7 other houses in our terrace block. The supermarket / care home has no right of access or ownership to this path.

I contacted a lawyer looking for information on how feasible and legal it would be for me to stop them from erecting scaffolding on the path and this was their reply:

"In short - assuming that your position is correct (ie you do in common own the area concerned and they have no right to do so) then you stand in a perfectly sound position to refuse entry (if you can) to these developers for the erection of scaffolding. If you own and there are no other rights then you have an exclusive right, or perhaps a right in common with others, to use the property. If entry is forced then you can seek to enforce in court by way of an interdict (injunction) with damages for breach"

Does anyone have any experience with such matters? Any advice to offer?

Thanks.

 

[freddiemercurystwin]

Why didn't you just carry on with your old thread about this?

 

[chappers]

or the one on moneysavingexpert. You have taken legal advice, is that not enough or are you just searching for an answer that suits you better.

 

[mattylad]

Put your own scaffolding up in that area to prevent them - then you can take it down when you want to.

 

[Nakajo]

I suggest that you make a concerted effort to make this your life mission. Don't go out. Don't work. Don't have a hobby. Just be a bane of existence to the business next door. This is what I do. And since starting I've never been happier.

 

[^woody^]

Any good 2 for 1 offers on at the supermarket?

 

[bourbon]

My take would be ask the supermarket how much they are going to pay to rent the path for the duration, Share it with your neighbours. I would suggest starting around £10,000. They would have already greased some palms down in Planning so they can afford it. Just remember, when your local shops close down where you will be shopping.

 

[^woody^]

Consider

The OP does not own the path or have exclusive use of it.

There are ways to build from one side of a boundary line.

 

[big-all]

yep on ultimate handyman as well

http://www.ultimatehandyman.co.uk/forum1/can-i-refuse-access-or-ask-for-compensation-t82772.html

 

[noseall]

Some folks sure have a lotta neck!

 

[bernardgreen]

What was the building used for before it fell into dis-use ?

Change of use to a supermarket could put a blight on your property. Noise from the supermarket, disturbed sleep if long opening hours, parking of customers vehicles etc etc. Delivery vehicles causing noise and obstruction and several other factors need to be considered. You might be able to block the application for a super market on that site on the grounds of blight to adjacent dwellings.

 

[geraldthehamster]

Could this be the Auction saga all over again?

 

[chappers]

What was the building used for before it fell into dis-use ?

Change of use to a supermarket could put a blight on your property. Noise from the supermarket, disturbed sleep if long opening hours, parking of customers vehicles etc etc. Delivery vehicles causing noise and obstruction and several other factors need to be considered. You might be able to block the application for a super market on that site on the grounds of blight to adjacent dwellings.

Too late permission has already been granted.

 

[bernardgreen]

Even though permission has been granted it may be possible for restrictions and conditions to be imposed on the operation of the supermarket to protect the local environment and local resident's quality of living.. Trading hours may be limited and other conditions imposed that would make it economically unviable to operate the supermarket. The project would then be cancelled even though the planning permission exists.

Recall this happening somewhere in Suffolk. ( Hadleigh ? )