I think this is something that you should press with the council.
I think that the council should put a stop order on the work pending the
outcome of the planning application. You could tell the Planning Enforcement
Officer that if he does not do that, you reserve the right to seek Judicial
Review of the decision not to do that.
I wouldn't actually go ahead with the application for judicial
review but I think it worth threatening.
You can apply to court for an injunction (or at least get a
solicitor to threaten an application to court for an injunction and an
application for the costs of the application for an injunction) against the
neighbour to compel him to stop work pending the outcome of the planning
If he simply carries on regardless, you can make an emergency
application to court for an interim order pending a full hearing.
It would be for the judge to decide whether you have enough
interest in this to apply for the injunction or whether he thinks that the
local authority should be the one that is doing it
Does that answer the question? Can I assist further or answer any
If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.
It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little, please
The thread does remain open for me to answer follow-up questions
after rating my answer service.
Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.
PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.