Enforcement of Pedestrian Visibility Splay

[Stephen Crowe]

I have a three and half year argument with my neighbour and my local Planning over a Pedestrian Visibility Splay. My neighbour has erected a fence down my driveway, on my land, which obstructs my visibility when exiting my driveway. Kent County Council did a safety report and instructed Sevenoaks DC that a 2m x 2m splay must be enforced as a ‘Condition’ of Planning approval. Unbelievably Sevenoaks decided that they knew more than KCC highways and ignored the requirement, passing the planning stating that KCC had no objections. I have the emails from KCC to SDC but Sevenoaks refused point blank to accept any liability or enforce the regulation. SDC even wrote their own description of the Pedestrian Splay to justify their incompetence and to tie in with the errors on the approved drawings. SDC were told by KCC that the drawings were wrong but they just ignored this information.
SDC were subsequently found guilty of the injustice by the Ombudsman, who stated that the drawing was wrong, but still refused to inform my neighbour or take any action. KCC says that I am in the right but have no jurisdiction over Sevenoaks so again will do nothing. 
My question is can the Splay can be legally enforced and who can I contact. Both SDC and KCC refuse to communicate with me about this issue knowing that both are equally liable. I still also have the issue of getting my neighbour to remove his fence from my land. 
Restrictive Covenants have also been broken and fraud has been committed as my neighbour stated that he owned all the land when in fact both mine and his ‘Transfer’ documents show that the land is owned by me. 

[Kelvin]

So this really a boundary dispute? 
 

 

 I’m not sure why you are seeking the local authorities to enforce this. Your neighbour has trespassed onto your land and erected a fence. Take legal action to have it removed or accidentally drive a tractor into it. 

[nod]

24 minutes ago, Kelvin said:

So this really a boundary dispute? 
 

 

 I’m not sure why you are seeking the local authorities to enforce this. Your neighbour has trespassed onto your land and erected a fence. Take legal action to have it removed or accidentally drive a tractor into it. 

Plus 1

If it is on your land Your muddying the waters by getting the LA involved 

Contact a solicitor and give them thirty days to remove it 

Though I probably would have driven a tractor into it by now had it been on my land 

[JohnMo]

Visibility splay are a roads or highways thing. So they are the people...

52 minutes ago, Stephen Crowe said:

on my land

Remove it, if on you land, just tell them they 24 hrs or you will chop it down. Go to B&Q buy a cheap saw, if you don't have one.

[joe90]

Just another case of councils ineptitude however as said above this is about trespass. Solicitors letter giving a (short time) to remove if you will take them to court. Get the solicitor to check your proof of ownership just in case. Land registry?

[Buzz]

1 hour ago, Stephen Crowe said:

his ‘Transfer’ documents show that the land is owned by me. 

You must have the patience of a saint , three and a half years to try a resolve a boundary issue regarding a fence built on your land ! I can only echo the opinions above, if its your land then you are entitled to remove the fence (or anything else )whenever you want and you do not need to inform anyone what and when you intend to do it . 

[Kelvin]

I suspect we don’t have all the facts

[Buzz]

3 minutes ago, Kelvin said:

I suspect we don’t have all the facts

The thought had crossed my mind