Barratt Homes sold me a house with views and then sold my view to my neighbour!!

[Deleted User]

I would advise you to go out and measure the height of the fence exactly. Then phone planning and ask them to confirm what the land is meant to be. If they can't confirm it is 'greenspace' only and don't object to the fence, not sure you can do much.

Unfortunately, nowadays, with the government wanting more houses built, even if whatever is going to happen with the land goes against original planning, that may change in the future.

MobileSaver

Davesnave wrote: »

The sales staff were very accommodating and supplied a plan indicating a landscaped area bordering my garden. ... Roll on 12 months and this landscaped green space wasn't created. The plans were amended and a 5 bed house and garden took its place.

The cynic in me wonders if that was the real plan all along but a beautified plan was produced for Phase 1 of the development. As you say though, even if that was always the plan that doesn't mean the sales staff were aware of it.

Davesnave wrote: »

Usually, the only way to protect your view is to buy it.

Which is why I ended up buying a house on a 20 acre plot to ensure no-one can ever ruin my view.

tlc678910

I googled “ planning permission fence height” and results suggest a fence over one metre high needs planning permission if it is next to a highway used by vehicles (or the footpath of a highway. Is there a road between your house and the green? If so it sounds like you could complain to the council that it breaches planning rules.
Tlc

AdrianC

The only thing you really knew here is coincidentally the only thing you really needed to know - you did NOT own that "grassland". Somebody else did. Who that somebody was is not terribly relevant. Could be your neighbour, could be somebody else entirely.

The owner of that land, whoever they may be, can develop it as and when they wish, subject to the constraints of the planning laws.

The planning laws have a very tight list of who needs to be consulted by post on any application - but there should have been a notice posted prominently at the site. You have the right to comment and object to any application.

It sound as if this land might not come within the residential curtilege of the property, so permitted development wouldn't apply. If it does, then a small garage may well be permitted without needing PP, as a fence up to a certain height is. You have no legal right to "a view", and an objection based solely on that will not be taken into account.

Davesnave

MobileSaver wrote: »

I ended up buying a house on a 20 acre plot to ensure no-one can ever ruin my view.

Likewise, though my plot's smaller and I have neighbours, who I'm very happy to keep behind a 7' hedge! :rotfl:

noh

xmisspx wrote: »

I don’t get how they can sell you a property and do this. The land in front of my house was landscaped by Barratt and I have been paying a maintenance fee for this - when all along a neighbour owned it. It’s only this weekend the land has changed - it has been maintained for 16 months. How can Barratt not be liable when they informed that the greenspace wouldn’t change?

If you look at the original planning permission given for the development, usually available on the council website, is the grassland included and how is it described on the plan?

Broadyx

I don't think what they told you was legally binding, and it would have been ultimately your responsibility to ensure your solicitor checked the plans to see if there was any chance going forward the plans for that land could change, if that was the main reason you bought your house.

We bought on a new development 5 years ago and our house has a footpath outside the front of it, followed by a small field, and then much larger ones. The developers confirmed that the small field would remain and be landscaped no matter what as it housed one of the balancing ponds needed for the estate, but they couldn't confirm plans for the fields beyond.
Roll on 5 years, the smaller field has indeed been landscaped and looks lovely.
The larger field, after approx. 7 plan changes has finally got the primary school being built on it.

But my point is, the plans have changed for any bit of space that wasn't allocated for a balancing pond (there's 3 on the estate at the mo), so I would be surprised if you would have a leg to stand on.
Unless it is in writing somewhere that the use of that land wouldn't change, it is just your word against theirs.

getmore4less

In the old days the green spaces(required by the planning) on developments were taken over by the council much reducing the risks of future development and no direct cost to the other properties.

With the lack of adoption the risks are higher someone will want to develop.

It does seem that developers employ the get planning on a nice plan and then slip through a series of amendments that get what they wanted in the first place but they knew they would not get the planning approved.


One office conversion near us went for the just convert what's there, now it is nearly finished they want to stick two more floors on it.

Ozzuk

Plans change, they may have had no intention of selling the land when you purchased and could have been approached by the neighbours afterwards and felt it was too good to turn down. The only way you can guarantee a view is to own it, so sadly I don't see any way forward (unless there is planning breach, and that will only mean a potential reduction).

I guess the other option rather than owning the land yourself would have been if the no build clause was built into the contract - but this is highly unlikely.

davidmcn

Broadyx wrote: »

Unless it is in writing somewhere that the use of that land wouldn't change

Even if it were, the concept of "the use of this land will never change" just doesn't exist, so it would be ludicrous for somebody to take it at face value.