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Statutory Law and County Court - reroute of easement

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Am going bonkers?

Do I need a new Solicitor for legal advice?

 

Our Neighbour has got a Court Order to reroute the easement.

Fine it needed to be done to sell the property that is not the problem.

The Order will help sale as it clarifies the issue.

 

He is saying Planning is not needed to remove our Summer House or cut back trees.

Our advice is Planning is needed we are in a Conservation Area or we face criminal offences so we need planning permission to cut back trees and the Summer House has Planning Permission and it needs Planning Consents for removal as it over 115 cubic meters.

 

If we fail to apply for Planning Permission for the trees we face £20,000 fine and a criminal record.

Demolition of the Summer House without Permission is up to 2 years in prison and an unlimited fine.

 

Am I losing the plot do I need new advice?

Is there anyway a District Judge Decision in a County Court could get around Statutory requirements of Planning Permissions and remove the possibility of criminal offences.

 

Okay Planning may well be a tick box but it is not the point really especially as we selling the cottage and to protect ourselves.

There is no mention of Planning Permission in The Order the Judge completely failed to take into Planning Law which is staggering in competent.

Edited by dx100uk
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Update

I spoke to an old friend who is Solicitor who cannot think why he saying he does not need Planning Permission for the trees and Summer House.

He cannot circumvent Planning Law.

I have had the right advice.

 

I shall make a complaint to the Court too re lack of due diligence as both ourselves and the Claimant may at risk of criminal offences if we carry out the Order.

 

Quite shocking that the Court has left both the Claimant and Defendant at risk of Planning Breaches and criminal offences and fails to do due diligine Statutory Law that may give rise to criminal offences being committed if the Court Order is carried out.

 

Okay this may be a tick box exercise but Planning is not a given.

 

Apparently it is 2 trees that are most likely to cause problems.

One huge established 60 foot Elm tree rests on the Summer House.

It is gorgeous so do need Planning to come to assess the trees.

 

If anyone else has any comments I would most grateful.

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Is there a Tree Preservation Order in place for either tree?

What does Council Planning say about you needing PP?

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You need planning permission to carry out works to trees in conservation areas regardless of whether there is a tpo or not.

It is free to apply for through the council and if you advise that it is to re-route the easement, that may be taken into Consideration, however they may still decline if they think the tree is too valuable to the area.

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I have had an email from LPA Council today they are taking it up as enforcement issue.

 

What sent me into a panic was have missed something as obviously I do not want to obstruct a Court Order.

 

There is long saga to this.

He appears to have being complaints to various bodies about me for a number of years all came to nothing.

He invited Environment Health on to our garden without consent numerous to look at imaginary poo.

 

The Council had to admit they had been on our garden without consent.

Equally he has taken photos without consent and sent them to the Council.

 

He included a photo he had taken in his Court bundle so we know this actually happened.

He also invited the Council onto our garden without consent.

I have it in writing from the Council he actually did this.

 

We have been told (and are trying to get that confirmed with the Court) that he took over immediate next door neighbour to Court and obtained a Court Order. He apparently did this with photos from inside our garden.

 

The problem with this Complaints we struggled with the DPA to get access to them.

I am requesting Photos taken on our property under GDRP and doing from a slightly perspective this time

 

There is an interest case Jefferies versus Robb CA 28 th June 2012.

The outcome is you must use the easement for its intended purpose not for spying, snooping harassment or taking photos.

He must not prevent the enjoyment of our land.

 

Initially issue is to sort out the Planning issue then further legal advice re the rest of the issues.

 

If anyone has any thoughts please do comment as I can see this affecting people too in relation to Jefferies versus Robb and the statuatory planning issues.

 

There may be one trees that will need a TPO a huge Ash tree that is absolutely gorgeous particularly in summer and so very pretty.

It is very dominant and dominants the gardens of the neighbours behind.

 

Jefferies v Robb CA 28 June 2018 is fascinating and incredibly helpful to anyone who has an easement on their land.

Edited by dx100uk
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Just to update everyone the Council has swiftly obtained a Barristers opinion they agree with my legal advice Planning Permission is needed and they will swiftly bring enforcement action if he tries to remove/trim the trees or demolish the the Summer House. I will keep updating this thread as I can see other people may be similarly affected in conservation areas.

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