Try to imagine that you live in a house in a residential neighborhood.
One day build the neighbor's new house.
the Neighbor raises the house and grounds of 1.4 metres all the way to your fence.
Would you be angry?
Of the 76-year-old Søren Mandrups case, the answer is 'yes'. He has experienced it.
"I'm angry that the municipality has allowed construction. My wife and I had welcomed us to have our old age in the house. The joy, the municipality has destroyed," says Søren Mandrup, when B. T. is over for a cup of coffee in the couple's house in Hillsboro.
to understand the Søren Mandrups anger we turn the clock back to 2012. Here comes a new neighbor, as in 2014, choose to tear the old house down and build a new one.
the Challenge for the neighbor's plan for a large, new etplanshus is that the reason why it slopes. Therefore, elevates the neighbor terrain of 1.4 metres (to load and unload a lot of land, so why are just.
to keep on the soil to establish a so-called retaining wall almost completely up to the fence.
As Søren Mandrup in 2016 discovers that the neighbor is in full swing to raise the terrain with the 1.4 metres, the complaints of his wife to the municipality. The neighbor has not got planning permission to raise the terrain almost completely up to the fence.
the Terrain must be according to the law – not be raised by more than 30 centimeters in the so-called skelbræmme – it will say on the area, that is from the gap and then 2.5 metres into the site.
that concludes The municipality also even, is apparent from the file.
the Slide above shows two aerial photos of Søren Mandrups former house joined and then the newly built house joined.
instead, in order to comply with the law sends the neighbor in July 2016, a new application, where he is trying to gain permission to retain the raised area and make a pathway around the house. The walking path should be used to clean windows and clean gutters, it sounds in the application.
In september 2016, get the neighbor so his permission. Søren Mandrup protest by complaining to the Administration.
In 2018, determines the state Administration, the municipality's permit is invalid because it is incomplete, and has not taken into account, that it requires a waiver to be allowed to raise the terrain by more than 30 cm.
It helps the not, however, Søren Mandrup: In september 2018 provides the Municipality on the new neighbor permission to the walking path.
the reason for the authorisation is that the Municipality does not consider the path as a living area, but as a pathway to clean windows and clean gutters – and hey presto: Then the construction according to the municipality legally and without indbliksgener.
"the Construction is illegal and should never have been listed. We ought also to have been consulted by the municipality in the first place," says Søren Mandrup, who is a retired foreman.
This is his wife, Kirsten Liebst, agree with, and she knows what she is talking about. She is a trained surveyor and therefore know the building regulations and all the rules for terrænregulering.
It is not the first time that a so-called retaining wall by construction of new primary author is giving rise to anger among the neighbors. B. T. has previously told the story of the home-owner Søren Sørensen from the copenhagen Northwest area, who for six years have fought against the neighbor's illegal retaining wall. The case is right now for the rating in the Nævnenes House.
Lawyer Michael Transø Schultz believes that there are several similarities between the two cases. He has prepared the complaint to the state Administration on behalf of the Søren Mandrup. He says on the matter:
"It is a very violent terrænforhøjelse, the municipality here will accept. It is curious that the authorisation is given. The legal basis for the authorisation is also unclear. For it is in conflict with byggeretten to raise the terrain by more than 30 cm. Nevertheless approves the municipality of the walking path on the grounds that it is not a long-term stay," says Michael Transø Schultz.
Søren Mandrup believe that the construction industry has stressed him to the extent that he has had to undergo two heart surgeries at the same time he has fought against the municipality.
"It simply takes one's good mood," says Søren Mandrup.
Some might say 'come on'. Came on and live with it?
"So they should try living here, then they would be able to see the big change that is talking about. And how vigorously it is to get a neighbor who has raised his house by 1.4 metres above the ground. We cannot afford to move," says Søren Mandrup.
the Municipality has no comment on the matter.
B. T. have been in contact with the neighbors, in a text writing, to both the house and the pathway are listed after the building permit given by the Municipality.Date Of Update: 16 December 2019, 20:00