Advice sought

  Rigga 17:42 02 Apr 2009
Locked

Hi all, I am after some advice on a legalish matter.

To try to cut a long story short, (there is a longer story but don't want to go into it here yet) a Lidl supermarket got planning consent to the rear of our property last year.

During the ongoing negotiations with neighbours Lidl promised us that the boundary fence would be removed and replaced and that certain other things would be done, namely the carport would be replaced.

The letter from Lidl confirming the replacement is here > click here (I have removed any identifying text)

Lidl are now ignoring the fact they agreed anything, they have started to build their border fence behind our existing fence. I have tried talking to various people in Lidl. All of them just simply say "This is what's happening now.. blah.. blah.." and simply ignore the fact that we had an agreement.

Does anyone know what our rights are concerning this? I have tried to phone the CAB, and am awaiting a call back (4 days and counting) and in the meantime Lidl are building the boundary fence on their side of the boundary.

Anyone know anything about this or can offer any advice?

Thanks,
R.

  bobbybowls 18:02 02 Apr 2009

Try the local planing department. The contact details will be on the council web site.

  newman35 18:09 02 Apr 2009

I think you need to ask the local planning dept. for details of what was actually in the planning consent.
If Lidl are not obeying that, to the letter, then a planning officer might deal with it.

  newman35 18:10 02 Apr 2009

again!

  tullie 18:10 02 Apr 2009

Cant see what the problem is,theyve decided not to encrouch onto your property,maybe ive misunderstood?If thats the case they dont need to replace anything of yours.

  newman35 18:13 02 Apr 2009

A local Lidl built their outlet a metre too close to the boundary of a school. The building was up before it came to light and I believe the school did very nicely from donated equipment as an 'apology'.

  Forum Editor 19:00 02 Apr 2009

from Lidl's acquisition manager is quite clear, and constitutes a binding agreement. The person who wrote the letter acted as Lidl's agent in making a promise, and it must be honoured.

I suggest that you write to the person concerned by special delivery, saying that you now require the company to honour the binding agreement it made within 28 days,or at a later time by agreement with you, and to provide you with a written confirmation that the work will be done as was agreed. Mark your letter (at the top) 'Without Prejudice', and in the last line say 'I reserve my rights in this matter, and may take further legal action if the requested confirmation is not received within seven days'.

Send a copy of the letter to the Chief Planning Officer at your local authority's planning department.

  laurie53 19:14 02 Apr 2009

Not sure how building a boundary fence on their own land is going to affect your landscaping or car port?

Are they encroaching, or staying entirely within their own boundary?

  Rigga 22:35 02 Apr 2009

Thanks FE that's the kind of thing I was looking for.

I have spoken to the chief planning officer for the council and he says as long as they stay to plan, i.e. it doesn't say on the plans whether the fence is on their side or ours. then they cannot get involved.

He also says that they have probably taken legal advice to stay on their side of the boundary or else be seen to encroach onto our property. I think he is just guessing with this.

Unfortunately FE the person who wrote the letter is fairly junior it seems and she didn't have permission to offer what she offered (part of the longer story) however I do feel they should be bound by the agreement in the letter.

I, earlier this week sent an email to the regional director asking for his help in this matter. However it wasn't quite worded as the you have said FE, have I made my case worse?

I feel as though I have been lied to and am now being trodden on by Lidl who made promises that they haven't kept. They seem to have the attitude that I am too small to be bothered about, and they seem to be moving on to their next assignment with little regard for the current site.

Does anyone know of any legal advise I can get other than through the CAB which would be fairly inexpensive?

I will write the letter FE although I feel it will be ignored. If they do ignore the letter what exactly can I do ?

I do not have the money to fight this legally, and I think Lidl know this!

Thanks all. R.

P.S. newman35 I wish the lidl people here were so accommodating, but I guess when you are dealing with a school, that would make more headlines than a single persons complaint.

P.P.S tullie the problem is that they have promised things that they now do not want to give. They have during the construction damaged our boundary fence and are now not going to replace the fence, but are just going to build their own fence behind it. Leaving us with a damaged fence on our side of the boundary.

P.P.P.S sorry for the long post, but I really do not know who else to turn to.

  lotvic 22:50 02 Apr 2009

I would contact your house insurance company for advice and action.

  WhiteTruckMan 22:55 02 Apr 2009

and things aren't progressing any furtheryou can always try interesting the press. Preferably a national one. Even better if you can get a small picture in as well. Trying to shame them into acting may be your last resort.

WTM

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