Planning Application - Neighbour Taking Photographs without Permission

AdrianC

trex227 said:

Round here the criminal element doesn’t even take the risk of having a scout around, they use microlights and take photos from the air to decide what they’re going to nick!

I suspect they use drones, not microlights...

Drone:

Microlight:

TripleH

I assume these images are merely there online for others to view As opposed to being online to buy?
Is your neighbour into photography and are there other photographs of a similar ilke from other properties online?
Have you asked why they have done what they have done?
This could be simply an over enthusiastic photographer taking photos for a local club who may have innocently overstepped the mark. 
Are the pictures carefully framed to show detail or shadows etc Or just someone poking their nose into a building and taking pictures without 'thinking'?

davidmcn

TripleH said:

I assume these images are merely there online for others to view As opposed to being online to buy?
Is your neighbour into photography and are there other photographs of a similar ilke from other properties online?
Have you asked why they have done what they have done?
This could be simply an over enthusiastic photographer taking photos for a local club who may have innocently overstepped the mark.

I assume the photos have taken specifically for the purpose of the planning objection, to illustrate whatever it is they're talking about. It's fairly common for objectors to want to show something which they feel has been omitted from the application, or incorrect.

snowcat75

davidmcn said:

TripleH said:

I assume these images are merely there online for others to view As opposed to being online to buy?
Is your neighbour into photography and are there other photographs of a similar ilke from other properties online?
Have you asked why they have done what they have done?
This could be simply an over enthusiastic photographer taking photos for a local club who may have innocently overstepped the mark.

I assume the photos have taken specifically for the purpose of the planning objection, to illustrate whatever it is they're talking about. It's fairly common for objectors to want to show something which they feel has been omitted from the application, or incorrect.

However this is permitted development and under the legal framework, unless there is a specific point to highlight under the list iv given then permission will automatically be granted in 60 days.
Obtaining photos through trespass is acting unlawful and the council would have a duty to remove them unless they have relevance to an objection.

davidmcn

snowcat75 said:

davidmcn said:

TripleH said:

I assume these images are merely there online for others to view As opposed to being online to buy?
Is your neighbour into photography and are there other photographs of a similar ilke from other properties online?
Have you asked why they have done what they have done?
This could be simply an over enthusiastic photographer taking photos for a local club who may have innocently overstepped the mark.

I assume the photos have taken specifically for the purpose of the planning objection, to illustrate whatever it is they're talking about. It's fairly common for objectors to want to show something which they feel has been omitted from the application, or incorrect.

Obtaining photos through trespass is acting unlawful and the council would have a duty to remove them unless they have relevance to an objection.

Under any particular legal principle? Even if you have no right to be on the property, I can't see how anything necessarily flows through to what use you can make of photos which you took while you were there.

I agree though that simply asking the council to remove the pictures from the online portal is probably the simplest solution - they do tend to redact information which might affect e.g. security.

drumlinruby

Dear All,  
Thank you so much for all your helpful & thought provoking comments. We have spoken to the police who had indeed confirmed he has broken the law, but that it is a civil matter. We have therefore instructed a solicitor to write a letter requesting the pictures are taken down immediately & warning him that if he trespasses again we will be taking further action. We have since installed CCTV so as to warn any... 'uninvited guests' that may venture down the track towards the barn. Thanks again for all your suggestions.  Fingers crossed this will resolve the matter. 

davidmcn

drumlinruby said:

We have therefore instructed a solicitor to write a letter requesting the pictures are taken down immediately

Taken down from where? I thought the problem was the council have put them up on the planning portal, in which case the neighbour doesn't really have any say in the matter.

NameUnavailable

Hannimal said:

It's really concerning if this is legal. If it is, what would stop someone from taking pictures of your home when you're not there? I don't know the law around this but I'd seek some help from a professional at this point. It should be a breach of privacy.

There is no right of privacy if you can be seen from another space. I'm sure your home is on Google Maps or Google Earth for example.

If the photographer trespassed onto your land to take the photos that could be invasion of privacy. If you take a photo of a neighbours house from the street then that's fine and perfectly legal to do.

Likewise if someone takes your photo when you're in a public space. You have no right to stop them.

NameUnavailable

Mickey666 said:

if someone trespasses to take photos not visible from a public space and then posts them onto a public forum such that the owners insurance increases due to security issues, would the owner then be able to sue for damages, ie the increased insurance cost?

No. You could sue for trespass. If insurance increased due to 'security issues' that would suggest the property wasn't adequately protected and probably in breach of the insurers requirements (i.e. no locks on doors or windows etc). In that case you should be thanking the other party for bringing it to your attention.