Advice on light in our garden - new build

IHateDida

Hi - I wonder if anyone can give me any advice please. Basically I came home from work to my house (new build purchased 4 weeks ago) last Friday and found that the builder (Bovis) had put a street light up in my front garden! So far the pole is up but not the light part. We're talking a standard tall street light which is about a meter away from the house, actually on our land, and is practically in front of the kitchen and spare room windows, looking a right eye sore! I am furious!

We checked our plans of the site given to us by our solicitors and there is a tiny square where the light has been placed. However, there is no key on the map to say what the tiny square was, nor was it pointed out to us by the solicitor nor Bovis, nor is it in writing anywhere (I thought it would have to be if it is a public light - as it will be a council maintained light).

I also asked about street lighting before we bought the house and was told that there wouldn't be any on our side as we didn't have to pay a management fee and that they would just expect the owners to have their own house lights.

I have spoken to the sales manager today who said it was their fault as she should have shown me the revised plans and it wasn't on the engineering plan, but only on their revised plans. She apologised but that was it! I have this on my voice mail and will keep a recording as evidence.

I am absolutely furious as the light is on my land, about a meter from my house whilst there is plenty of communal areas for them to put a light across the road. Only one other house has got a street light in their front garden, and this house hasn't been reserved yet so I suppose they can get away with it with that one.

But what I would like to know is do I have a leg to stand on? What would be the best way to appoach this? IT doesn't seem like the sales manager is prepared to do anything. If I took it to court - would it get that far? Would I win? How much would it cost me to contest it? Should I have had the fact that there would be a street light on my property in writing? Can the building company do this?

Sorry to have such a long posting. I am just really peed off as it looks horrible!:eek:

maninthestreet

Perhaps somebody can shed some light on this?

IHateDida

maninthestreet wrote: »

Perhaps somebody can shed some light on this?

Thanks:j That would have been funny had I not been left with the view of a metal pole from 2 windows - I can nearly touch the damn thing from the spare bedroom window!

I was thinking of taking up pole dancing...maybe that would high"light" my problem!!!

CB1979_2

ah but look at the positive's you save on electricity as you won't be needing any lights on

seriously contact your solicitor, imo it's not the solicitors fault and with this evidence (i'd save it onto your pc as well) I'd want compensated or move into another house.

i can't quite see how much of an impact it'd have on future buyers, it could be minimal or it could be huge, but defo kick up a fuss, i imagine they'd rather move the thing than pay you out £20k!

guppy

Think you definitely need legal advice.

Tricky one, since it wasn't there when you bought the house. Wonder if when you exchanged on the house, Bovis already had the right to put it on your property.

Wonder if you can have it removed from your land or maybe just claim for some theoretical amount by which its devalued your house. A metre away sounds quite awful...good luck.

If your solicitor is too wet either because he's afraid of Bovis or because he was to blame in some way, get a second opinion. Good luck.

brazilianwax

I have a streetlight outside my house too. I bought the house when it was 2 years old, and it wasn't an issue at all.

Mind you, the light shines into one of my spare bedrooms and the living room, and it really isn't an issue in the living room.

There's always a compromise

pinkshoes

You could get the building company to pay for black out blinds?? I think they'd also have to put reflector things round it so the light doesn't shine directly in your window.

Maybe it's their idea of a fire escape? In case of an emergency, it can be used like a fireman's pole!

I suppose if it's on your land, you can do what you like with it, so maybe paint it pink and make it into a feature? Can you ask for pink tinted bulbs? Will they have to ask your permission for access every time the buib needs changing?! Or will they pay you rent to have the light there?!?!

IHateDida

LOL! Thankyou! You postings have made me laugh!

A bit of an update...I have been on the phone to their so-called "Customer Care Dept" and they have told me that I will need to voice my concerns in a letter. The light was apparently on their council planning application but not mentioned to us at all - so in reality they have admitted the balls up, but so far haven't said what they are willing to do. I will contact the solictor tomorrow as they are not there today, and see what they have to say.

I am very tempted to tie myself to it and then phone up the local paper to get publicity!!!!!

I am going to fight to get this shifted (all the others have been placed across the road from peoples houses so theres no reason why this hasn't!) - I don't know how you would claim compensation but to be honest I would rather have it shifted, as like someone else has said, its the light shining into my spare room that I am most bothered about (and it doesn't look very good in the garden either - it would put me off buying it if there were several in the street without lamps in their gardens!).

Thanks for your suggestions...I guess I just wanted to vent my frustrations too! I will keep you updated!

matto

If you own the property freehold then check your deeds. If there is no provision in the deeds for them to access your property then don't let them on. In fact, presuming there is nothing in the deeds, you may already have a case for compensation as they have damaged your property. The situation may be a little more complex if you are a leaseholder. Nevertheless you should check the deeds and terms of lease.

Bun

I wouldn't mention it will be a spare room - if that was my child's room and the lamp was going to be on and that close, it would be a complete pain. Point out you would not have bought if this had been in place (I wouldn't have) and that you would maybe seek the value that you would lose? Good luck

goneracing

I don't want to make you feel any worse but how are they going to power this light?

I assume they will either have to dig a trench across your property or use a burrowing tool to go underneath it.

Could you refuse this permission?