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My Neighbour has a planning application that would require the builders to erect scaffolding in my garden. Can they do this?
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No best answer has yet been selected by kjmoran. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.If the neighbour has applied for planning permission, I would have thought the planning department at the local council would have written to you to ask for your views before granting it. In my experience they usually contact the owners of any properties that could be affected.
Why would you object to scaffolding being erected in your garden short term? If my neighbours wanted to build something that didn't affect my property, I wouldn't see that as a problem.
Why would you object to scaffolding being erected in your garden short term? If my neighbours wanted to build something that didn't affect my property, I wouldn't see that as a problem.
There is no point contacting the planning department if this is your only objection - they cannot refuse planning permission just because you object to where the scaffolding would go. Even if they get planning permission they would need your permission to use your land for the scaffolding (unless your deeds say otherwise) so ask them how they propose to go about it etc and take it from there.
bushbaby I am not sure about that. Our council sends us detail of planning requests that would affect us (eg neighbour lopping trees) so we can comment if we wish. I don't think it would hurt to contact the council...the neighbour might have lied in his teeth and said that the OP had agreed to access.
Woofgang -I am a planning officer so I know what I'm talking about. A neighbour's objection to the placement of scaffolding is not a material planning consideration and plays no part in assessment of the proposal. It doesn't matter if the applicant says they have the neighbour's agreement or not. However if the neighbour's permission is required for the scaffold, they can refuse to give it, even if planning permission has been granted. But it won't prevent permission being granted if the application is otherwise ok.
Our next door neighbours on both sides needed scaffold access when each of them have work done (we are mid-terrace). It was no problem, the men came in, put the stuff up, did the job, took in down again. Minimal reinstatement of where the scaffold was footed. However as others have said, checking the need to do it with you first would have been a common courtesy, not taken as a right.
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