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 

[Stephen Crowe]

On 20/12/2024 at 19:20, 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. 

The LPA gave my neighbour Planning Approval knowing that the land was not his to build on. He submitted a fraudulent Certificate of Ownership which should make the approval null & void. The LPA don't care and refuse to revoke the approval. Sevenoaks Council are guilty of Maladministration and proven so but they refuse to admit liability. KENT CC gave the instruction for the regulatory Pedestrian Splay but also refuse to enforce saying that they have no power over SDC, this is rubbish as SDC are not Highways engineers and yet they have purposely ignored the highway regulation.

I would love to just demolish the fence but apparently the Police say it could constitute criminal damage, even though he demolished my wall to put his fence up.   

[Stephen Crowe]

On 20/12/2024 at 19:46, nod said:

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 

The first informal process is to inform the said person of the encroachment and give him the 30 days before a solicitors letter, unfortunately on the 29th day I had a visit from the Police as he had accused me of intimidation! 

[Stephen Crowe]

On 20/12/2024 at 20:50, Buzz said:

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 . 

Actually I have hardly slept worrying about this for the entire time. I have had no help from Sevenoaks DC and they now refuse to communicate at all. My MP Laura Trott is useless and also refuses to get involved even though Sevenoaks lied to her and gave her false information. Police say 'don't remove it' as the neighbour may react aggressively, go down the legal route. 

[Stephen Crowe]

On 20/12/2024 at 19:47, JohnMo said:

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

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.

Concrete Posts and I want him to replace it with the wall he demolished which is part of my restrictive Covenants.

[Stephen Crowe]

Just now, Stephen Crowe said:

Concrete Posts and I want him to replace it with the wall he demolished which is part of my restrictive Covenants.

Yes the splay is a Highway issue. Kent CC Highways instructed Sevenoaks DC to make the Splay a 'Condition' of approval but someone (and I know who) told the case officer to ignore the regulation and lie on the approval saying that KCC had no objections. Yes I know about Judicial review but I knew nothing about this until it was past the six weeks. SDC knew the time limit and purposely delayed responding to me. 

[Stephen Crowe]

On 20/12/2024 at 21:18, Kelvin said:

I suspect we don’t have all the facts

1. Fence completed before any planning was applied for, SDC did not request retrospective and allowed several incorrect drawings to be submitted and then approved the final one that had so many errors even the Ombudsman could not believe it had been passed.

2. I have the emails from Kent CC to the case officer sent 6 days prior to approval stating that the drawing was wrong and even supplying the regulation drawings but these were intentionally ignored.

3. I have an email from the head of Kent Highways stating that they were waiting for SDC to enforce the Pedestrian splay before they would give approval. Stated as a 'Condition of Approval' but ignored by Sevenoaks.

4. Even during the complaints procedure KCC told SDC again that the Pedestrian Splay must be enforced but Sevenoaks then stated that the splay was there and wrote their own version of the regulation to tie in with the errors on the approved drawing.

5. Only more recently it has come to light that a fraudulent Certificate of Land Ownership was accepted by SDC even though I had submitted my 'Transfer Documents' which shows I own the land. SDC DON'T CARE!

6. Sevenoaks were found guilty of the injustice to me but have refused point blank to accept any liability, they have also restricted all communication from me which is actually illegal as they are Public Servants and accountable to us the public. They still won't speak to me!

The only department higher than the LPA is the Department of Levelling Up but I have found that to communicate with them is near on impossible and they shut my case down with no notice or explanation even though they had done nothing!

[Mr Punter]

As others have said, this is a boundary dispute.  How come you allowed the neighbour onto your land to demolish your wall and erect a fence?

 

The dispute has nothing to do with the Council.  You are barking up the wrong tree.

 

Get legal advice as you may need an injunction or other action.

[joe90]

28 minutes ago, Mr Punter said:

As others have said, this is a boundary dispute.  How come you allowed the neighbour onto your land to demolish your wall and erect a fence?

 

The dispute has nothing to do with the Council.  You are barking up the wrong tree.

 

Get legal advice as you may need an injunction or other action.

Very much so, get legal with this any other action will achieve nothing in my  opinion. From what you have said above you have all the proof you need. Try not to stress about this, no one is dying and life is too short. Imagine how you will feel when you win your day in court. (Keep us informed) 👍