Dog Outbuilding in neighbour's garden - allowed by Taylor Wimpey

LFal_2

Hi - I am hoping someone can help me as I am now at the end of my tether with this issue....

I have recently purchased a new build property (my first home which I’ve invested all my savings into) from Taylor Wimpey on the Knight's Park development in St Neots, Cambridgeshire. Approximately one week after moving into our property, we opened our curtains to find the a huge dog outbuilding (I call it this because the term kennel doesn’t do it justice) in the next door neighbour’s garden. The dimensions of the building are 3.66m x 4.57m and it is approximately 2.5m tall. They have been very clever in that all of the dimensions are exactly up to and within the required limits to allow them to bypass planning permission from the council, although it does take up practically half of their garden. It looks like it has been designed to cage bears with huge floor to ceiling bars across the front but in fact it is for 3 Springer Spaniel dogs which are left outside day and night.

This monstrosity is not only an eye sore which will without doubt dramatically reduce the value of my home, it is also causing nuisance and disturbance with the dogs barking day and night. I have spoken with Taylor Wimpey and they have confirmed that permission was not sought prior to the erection of this building. Whilst the building is within planning permission regulations, it is not compliant with the various clauses in Taylor Wimpey’s own deeds, as advised by my solicitor –

“I confirm I have forwarded details of the kennel together with your photograph to Taylor Wimpey's Legal Department and I have pointed out to them the specific clauses in the Transfer Deed which appear to have been breeched. In particular, the developer's consent must be sought for any buildings to be erected on the property together with any alterations. Whilst the kennel is within the guidelines for permitted development for planning permission, the developer's consent nonetheless is required. Also, you have experienced nuisance, annoyance and disturbance through this and this is another clause which has been breeched.

I confirm I have asked Taylor Wimpey to approach the property owners and explain to them that conditions have been breeched and they must remove the kennel from the property.”

The response I have had from Taylor Wimpey states that they cannot enforce the removal of the building, only perhaps have it downsized. This however will not solve the problems caused by the noise. The relentless barking and howling, which due to the positioning of the dog building directly hits our house, including the master bedroom and lounge, has driven us to leave our own home on several occasions. This is causing me immense distress and I am now at a point of feeling hopeless. We are unable to spend time in our own garden, let alone have people round for sociable evenings because the dogs just go crazy, barking constantly.

From the advice provided by my solicitor, I believed that Taylor Wimpey should be able to take forcible action in terms of having this removed. Nobody at Taylor Wimpey seems to be taking this issue seriously and I am now at a point of feeling like I have nowhere else to turn.

Does anyone have any advice please? We have started the process of noise complaints with environmental health but this won’t get the thing removed and will be such a lengthy process.

Please help!!!

elsien

Have you spoken to the neighbours to express your concern about the noise levels and to see if you can reach a compromise?

princeofpounds

If Taylor Wimpey have the right covenants, they may well be able to get it removed. It doesn't mean that they have any obligation to do so however; the covenants will be for their benefit, not yours.

The statutory nuisance route is probably your best bet. The RSPCA may be interested if the pets are being ill-treated (I cannot tell how dramatic you are being when you describe their 'day and night' incarceration)

PasturesNew

Even if it's removed - the dogs will still remain.

PasturesNew

LFal wrote: »

The dimensions of the building are 3.66m x 4.57m

That's very precise..... did you nip out and measure it?

Davesnave

princeofpounds wrote: »

The RSPCA may be interested....

Unless the dogs are ill or starving, they probably won't be. Putting dogs in outbuildings for long periods is standard practice in many farming areas, and no one bats an eyelid.

However, OP is not in a rural situation, so it's the noise rather than the cruelty aspect which might be the best bet.

Report the matter to Environmental Health, start keeping a log and when the noise persists, get them round to measure the levels.

Meanwhile, start making friends with others close by who will be similarly affected. A number of complainants will get the problem addressed more quickly than a lone voice.

PlymouthMaid

I wonder if they are breeders or something. Surely normal pet owners don't keep their dogs outside all the time. I really feel your anger and disappointment here as a new home should be a source of joy and pride not stress and worry. I think the council will be your best bet as they are creating a nuisance with noise let alone the eyesore which maybe you cannot do anything about.

TWE10

We have spoken to the owners and the dogs are 'gun dogs' used for hunting during the winter. We have also spoken to the neighbours about this, however it has not improved the situation, the fact that the noise it at its worst when they are not in does not help either.

tanith

Local council surely may be able to help re: the noise of barking/howling take a look at their website.

PasturesNew

PlymouthMaid wrote: »

Surely normal pet owners don't keep their dogs outside all the time.

It's a generational thing ... years ago everybody kept their dogs outside in kennels. If I had one it'd be out there too....

topdaddy_2

Sounds like working dogs with a suitable housing(at some cost) to me. Rspca wont touch it.