Friday 16 October 2009

What goes around...

No sooner have I just about finished the homework, another study weekend looms.

Yesterday I finished off my Drafting homework, which took far longer than anticipated due to the fact that I'd forgotten most of what I studied last year, so I had to re-read much of the notes. Not one for comfort zones, my provider always manages to ask something that is slightly beyond our capabilities and thus part of the Drafting is guesswork.

Today I intend to finish off some notes for my first bash at examination-in-chief and also have a quick look over the other materials that I have prepared for the classes. Oh and also I need to tidy up the house! If the weather stays fair, I might just have time for a quick hack with Bar-Os. His legs are still troubling him from where the flies have bitten them and made them sore, but all attempts to treat them have been to no avail. I finally resorted to using some lavender oil to soothe the sores and keep the flies at bay, seeing as it has insect-repellant properties. However it also has relaxing properties and he was flat out snoring in his stable for several hours last night! If only it would have the same effect on me when I'm unable to sleep!

I may have previously mentioned that a relative of mine has been having some problems with a neighbour, who decided to erect a massive poly tunnel next to my relative's boundary and very close to relative's house. There are no planning restrictions on poly tunnels within gardens around here, so there was nothing that my relative could do.

Unfortunately the neighbour owns a piece of agricultural that stretches across the back of relative's property and has recently erected a closed-board fence on the land to prevent relative from enjoying the previously unobstructed views that stretched for miles. The boundary already had a perfectly adequate post and rail fence in place (that is relative's responsibility to maintain), but neighbour has erected the new fence about half a metre away from the original fence.

What a lot of problems this has caused! The new fence blocks out light to a greenhouse and a sun-lounge, but having looked at the law surrounding right to light and injunctions, it was too risky to take the matter further. In the mean-time, neighbour has placed several structures on the agricultural land, many of them on the boundary, including sheds and so forth, resulting in realtive's modest plot being enclosed by neighbours somewhat untidy structures.

Enough is enough and the local council were asked to evaluate what had happened. The neighbours had purchased the house about 4 years ago, having previously lived in a city. They moved to 'live the dream', ie. to become self sufficient, grow their own veg, raise animals for the table etc. The upshot of the council's findings is that there has been a change of use on the agricultural land to that of a garden extension and the neighbours can no longer grow things on the 4 acre area. The field will now have to be returned to, well a field. The structures on the field have to be removed. The neighbours did look into applying for a lawful development certificate, but they cannot satisfy the criteria.

To date the fence remains in place. I'm trying to fathom out if the fence is lawful. On the one hand, there are no applicable restrictions to fences on agricultural land save for the fact that it can be no more than 2 metres high. This is of little help as relative's home is set on land that is lower down than the neighbours, so although the fence measures over 7ft tall on relative's side, it is only 6ft tall from the neighbours ground. But I do wonder if by the fact that at the relevant time (when the fence was erected), the neighbours land was being used (unlawfully) as a garden extension, this constitutes a breach of planning policy for garden extensions, which recommends post and rail fencing, underplanted with native hedgerow plants.

So at the end of the day, relative's neighbours have 4 acres of land that they cannot use, relative's rear garden is dark and oppresive with no view and all because of a poly tunnel and an arrogant man who moved from the city to the country to enjoy the good life.

I did offer to mediate with the relative's neighbour, but just received a bog standard solicitors letter by way of reply.

Any ideas anyone?


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