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Need advice ?

cales profile image
34 Replies

We have new neighbours well they moved in last year late summer , both his and our houses are housing association but behind both our houses there is a field which the neighbour has now rented and in February this year erected fencing within the field and put chickens in there which after being here 8 years and having a lovely view didn’t go down very well but as the field doesn’t belong to the housing ass there wasn’t anything we can do , where we parked our car at , the bottom of our path we can no long park there as the gate to the field is also there so as I find it hard work to get from our parking space to our path I’ve had a handrail fitted so I can rest before I come up the path , he also erected a very large shed that’s right outside our kitchen snd bathroom window he makes some sort of fog cages I there but today he’s been paint spraying and my goodness that is so strong I’ve had to shut all my doors and windows as the fumes are getting on my chest 😢 dies anyone know if legally he can do this it’s not his job this is work outside of his job but I’ve just about had enough of all this we have bent over backwards to respect his access etc but he now frequently takes up the space outside the field to fit these dog cages he makes for cars of customers which is actually blocking our access and making it difficult to get my mobility scooter out

Sorry for such a long post but I’m so very upset that we have lived here 8 years in perfect harmony snd now along comes these new people and disrupts everything 😞😞

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cales profile image
cales
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34 Replies
2greys profile image
2greys

Paint spraying of dog cages for sale is not agricultural use neither is erecting a shed without planning permission for this purpose, he also has not probably applied for the relevant change of use nor paid the applicable community business charge on the land being used for non agricultural use. Then there is the causing a nuisance plus environmental pollution complain to your council on all cases. Additionally put in a complaint to your local councillor.

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Do You Need Planning for a Fence?

youtube.com/watch?v=jsIZ9EL...

2greys profile image
2greys in reply to2greys

As for fitting the cages outside his property then that will probably be illegal as well as it is not his property he is using for this purpose.

MELNEL profile image
MELNEL in reply to2greys

That's great information, I didn't know it. Special about housing association Cheers 😊

cales profile image
cales in reply to2greys

Thank you for that 2greys I will get on to that tomorrow morning 😊 it’s not that I want to pick fault it’s just I get frustrated that on a warm humid day like today I can’t have my windows and doors open because of the smell of this paint he’s spraying , also I’ve got family coming this weekend so have hired a hot tub for the garden but if he continues to paint spray I’m not going to be able to enjoy the outdoors with my daughter and her family 😢 I’m also grumpy because I have toothache and am in pain 😳😢

sassy59 profile image
sassy59

Hi cales, I think that’s appalling. Why would someone be so ignorant as to do what your neighbour’s doing? You need to put everything in writing if you can to the Housing Association, your local Council and get in touch with the Citizens Advice Bureau too. Somebody must own that land so I hope you can get to the bottom of things with help.

Good luck to you. Xxxx

cales profile image
cales

I do know who owns the lands it is managed by land agents , I do have their email so I will be writing to them aswell I have already spoken to the housing association regarding the shed but as it’s not on their land there is nothing they can do so I will be taking 2greys advice and try and get something done about it , the neighbour is fully aware that I use a mobility scooter and also on oxygen (ambulatory) I appreciate that he probably isn’t aware that we with lung conditions are sensitive to strong smells but I bet he’s wearing a mask while he’s paint spraying , it’s such a hard position to be in we have had huge problems with neighbours years ago when we lived in a town and I really don’t want to go down that road again 😢

2greys profile image
2greys in reply tocales

There is also the road of "Antisocial Behaviour" to use. Given your lung condition it is certainly causing you distress, this is against the law.

met.police.uk/advice/advice...

leo60 profile image
leo60 in reply to2greys

You are right 2 greys, my housing association has a very strong anti social behaviour ethic. I would go to them cales. Best of luck xx

Carnival567 profile image
Carnival567

The planning people might be helpful in this situation. There are limits on shed size, and the Environment Agency might have some useful advice. If he has changed his home to a place of work without permission then he is probably breaking the law.

cales profile image
cales

Thank you for replies it’s reassuring to know that I’m not blowing this up out of proportion , but I’m recovering from pneumonia and over the last couple of weeks my breathing has been getting bad again so I’m also ringing the dr tomorrow the last thing I need is to have paint fumes forced on me , I actually think I could sit and cry right now 😢

2greys profile image
2greys

Perhaps the quickest way to resolve this is to have the police to have a word with him, using the antisocial behaviour route, hopefully to also have the various issues I have outlined explained to him. Do you know a friendly policeman or PCSO?

cales profile image
cales in reply to2greys

My son is actually a policeman but might be better I ask him to have a word with him off the record 🤔 it’s a tricky one because obviously we have to live here but at the same time we have bent over backwards to be obliging towards him and after 8 years of parking at the bottom of our gate and not saying anything when he blocks our access I think he’s actually taking the Micky now , when the people that came to set the hot tub up parked at the bottom by my gate (they had lots of heavy equipment to carry up the path ) he wasn’t at all happy but we ask nothing if him I’m now thinking we have been far too obliging 🙄🤔

2greys profile image
2greys in reply tocales

👍 I think that is the way forward with this, once he realises that he is breaking many rules and laws and that you know it too I think he will back right down. Show your son all my points first. Hopefully case solved dear Watson.

cales profile image
cales in reply to2greys

I will fortunately my son still lives at home and he’s in a rest day tomorrow so I’ll have a word with him and see if he’s comfortable in going to have a chat to him 😊 thank you so much for your valuable opinion x

Neo77 profile image
Neo77 in reply to2greys

Dont use you son directly, this could cause problems. Get the police to investigate officially.

2greys profile image
2greys in reply toNeo77

A good point! Get your son to start an official investigation. He would know all the ropes, but there is nothing stop him being off duty to give words of friendly advice as a civilian. I still think that when this guy knows what he is up against, he will tuck his tail between his legs.

Patk1 profile image
Patk1

This is awful for u.and I'm sure the stress and upset isnt gd for u.all the best in getting help x

skischool profile image
skischool

Might be worth having a a look at this?ageuk.org.uk/globalassets/a...

I don't think that there is a simple solution to your problem as other may believe but wish you the best in resolving it.

Best wishes Ski's and Scruff's x

2greys profile image
2greys in reply toskischool

There are numerous rules, regulations and laws being violated as I have pointed out. Once the offender knows that Cales and son know this too then that should be enough for him to back down. If he is bloody minded about it then it would be time to get the authorities involved.

Evasion of paying the correct Community Bussines Charge can bring about a prison sentence. Serious stuff.

2greys profile image
2greys in reply toskischool

Antisocial behaviour causing harrasment, alarm or distress is part of the Criminal Justice and Public Order Act 1994, so it is a police matter and housing association rules do not come into it. It is an arrestable criminal offence.

legislation.gov.uk/ukpga/19...

MELNEL profile image
MELNEL

Oh man, this must be a nightmare, so many things in such short time.I agree with 2greys that you should get in touch the council and add pictures on it as well, to make you point.

Spraying paint is awful, have you actually spoken to him about it? He should definitely made aware of your condition, special when it's close by your property.

I hope you can get something done about it.

Best wishes Cales. Take care 🌺🌺🌺

cales profile image
cales in reply toMELNEL

Yes he is aware I have a lung condition but as I said before those that aren’t familiar with copd probably aren’t aware that strong fumes irritate our condition so I will speak up my son tomorrow and see if he will come with me to talk to him and try to explain how things are and hope he listens but my guess is that he will just continue to doing what he’s doing , but as 2greys has said what he’s doing is quite possibly illegal my son is a police officer so will ask him regarding the law on working from home 😊

MELNEL profile image
MELNEL

That's a shame he probably seen you before as well with oxygen, a healthy person would think that working with paint so close by my neighbor would not do him any good. But lots of don't have healthy brain functions. Or ignorance is bliss for them probably.

But good to know that you taking your son with you.

Best wishes 🌺🌺🌺🌺

cales profile image
cales in reply toMELNEL

Yes he has seen me with my oxygen on but so many people just don’t get what this disease is all about , I will post and let everyone know the outcome , many thanks for taking the time to post xx

If I were you I would talk to your housing association because your not allowed to run any form of business from your home, years ago before my parents moved to Greece my father ran a small local taxi service and their property was h/a my parents were given an ultimatum either they stopped running the business from home or leave the property . Plus if you have any disability and use aids such as a mobility scooter you have right of access if you have lung problems you shouldn't be inhaling paint fumes either . It sounds like you're neighbor is very inconsiderate .

B0xermad profile image
B0xermad

Some people do not understand or care what others are going through, no sense of community spirit these days,I hope you get some resolution to the problems he is causing you soon as why should you be the one to be put out and have duress or the inconvenience of moving elsewhere

Thinkhealthy profile image
Thinkhealthy

This is very very difficult for you. It sounds as though your relationship with the new neighbour started well. Could you speak to the housing association officer and ask if it’s possible for someone to sit down with you and your neighbour to ensure they know how badly this is affecting you and to see if they will be able to find a way to pursue their lives without impacting so negatively on yours. Mediation sounds like the best thing you can aim for - and to get your neighbours to empathize with you, I really hope this gets sorted out for you . X

Neo77 profile image
Neo77 in reply toThinkhealthy

No mediation - sic the council on him. They will issue him with a cease order and if he wont comply then issue large fines and then court action. Fields must have change of use planning permission and any commercial use other than agriculture is not allowed.

Thinkhealthy profile image
Thinkhealthy in reply toNeo77

Don’t disagree re change of use etc —but far better to have your housing association/landlord in your corner to start with. And from personal and professional experience I suggest that trying to avoid outright war with next door neighbours generally is the better approach. If someone is in anyway vulnerable it is far better to try for an amicable solution. Once you take the aggressive approach support can diminish very quickly . Just my opinion of course .

Neo77 profile image
Neo77

If he is working for money on the site he would need planning permission. Complain to the local authority and they should take enforcement action against him. The field would only have permission for agriculture use so chickens are fine but shed for commercial use is a breach of planning so you may be able to get the shed removed. Take phitos and gather evidence of his current use and include with your complaint.

Some people can be so inconsiderate towards their neighbours. Have you tried speaking with him or does he not soeak to you?

Collie4 profile image
Collie4

You need to contact your local council, this is not acceptable behaviour.I can sympathise , the smell and fumes of paint are lethal especially to people like us with breathing problems. Also, he shouldn’t be conducting his business from home, nor blocking any access you rely on.

Speak to your council and i hope you get joy soon. People with asb are a dreadful nuisance and very disrespectful and inconsiderate.

anng18 profile image
anng18

Absolutely agree with everything everyone has said, but I will also mention that the HA has an obligation to you, to ensure that you can use your mobility scooter, without obstruction. There are a few tenants near me, with mobility scooters and the back lane has to be cleared of leaves and debris etc., on a frequent basis to ensure they can use their scooters safely. On the one occasion when a car blocked their exit, out of the lane, the lady stuck in her mobility scooter called the police - who dealt with things in a very low profile way. This was a bit extreme as the car had broken down, but she became in a panic when she couldn't get out.

The HA can also give you a special disabled parking space. The HA can apply for money to help their disabled tenants, so I would certainly write to them. A telephone call is not good enough, as I have found very little gets done afterwards, unless you have a problem with the gas boiler.

So sympathetic to you and wish you the best of luck.

Alberta56 profile image
Alberta56

Contact your HA and your local council. Someone at the Council will be able to explain what kind of help they can offer you. Good luck. You do not deserve this anti social behaviour.

ninelives profile image
ninelives

Great advice fr all posts Cales.Best of luck in resolving this nightmare.

Can totally understand your position as we have new council tenants next door who's initial behaviour was a nightmare.....

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