Not consulted about planning application that affects my home - do I have any rights?

meggsz

Absolutely dismayed to find the neighbours at the bottom of my garden have cut down all the beautiful trees and are in process of putting up a structure that's about 30 ft x 20 ft and so far 10ft high block work is going up too and I have no idea how tall it's going to be either. Instead of a tree-lined view, I now look out on a brick wall! When I saw how big it was getting I tried asking them about it and they said "we've got planning permission" and wouldn't say anything further. The council did not inform me, I had no letter or anything! I saw no planning notices up either. I have had no knowledge of it or been consulted.

I called the council, someone looked at the file and said "oh dear, seems we neglected to send you a letter"... My home is the most affected as it's right at the bottom of my garden! I have quite a decent garden of approx 80 ft but their's is triple that and twice as wide. They have been given permission to build a gigantic garage and workshop apparently. Their house is a big posh house, they have parking on the front for around 20 cars, they had a garage on the side of their house which they have demolished. This garage and workshop are being built nearer my house than theirs, they are unpleasant and I have no doubt will have people down there drinking and revving cars all the time, well away from their house! I cannot believe they got permission to do this. The council said sorry and would get a planning officer to call me, they didn't. They emailed me and said you were sent a letter we now have 20 days to respond to your complaint! Building work continues...

These neighbours have been a royal pain since they moved in 6 months ago. They had pulled down their garage etc. and by all accounts, the owner owns a lot of other houses. During lockdown, they had massive bonfires every day/night. They were bringing in van loads of rubbish from elsewhere to burn also. They were burning all sorts, we could not breathe, the area was a whiteout with smoke in every direction from it and it smelled of chemicals and made it hard to breathe and off course, being lockdown - we couldn't even go out. Other neighbours called the fire brigade many times over it. They came out a few times but went away and it continued. I tried calling the council, (environmental health) to hear a message due to Corona they were not taking calls, email them. Which I did several times and had no response. One of the neighbours told me their asthmatic child was so sick they tried calling the police over it, who said it was not illegal to have a bonfire and wouldn't help. I went out and shouted to them and asked them to come to the fence and talk to me, they shouted back why? I told them the smoke was unbearable and they responded with "Tell someone who gives a f....!" 

I have called my home insurance legal line yesterday as they have erected scaffolding now that overhangs my garden, they don't seem to think that I can do anything legally... They have used diggers until 10 pm at night, started drilling and banging at 7 am today etc - they are just not nice people. Apart from all the upset, I'm sure this will reduce the value of my home and has made it impossible for us to enjoy the garden. I'm at a loss, I didn't think anything like this could happen. I cannot believe the council have allowed it as their house has already been extended 4 times it says on the planning portal.  This garage is near my house, not theirs. Does anyone know if there is anything that I can do about this? I've happily lived here for 5 years now, all the neighbours are fine (Barr them) I just can't get my head around this happening in the first place with no consultation. Any advice anyone? Thanks

Grumpy_chap

Would it be permitted development outbuilding anyway?
Up to 50% of garden and up to 2.5 m high (4m pitched roof).

meggsz

I don't think it was. They already have many, many outbuilding etc. and did have to apply for planning permission for it. 

Lespaul1960

I do sympathise with you, I have also been the victim of a neighbours monster extension !!  Realistically though if they have pp and the work has started ,it is too late now. How about planting some high bushes of your own at the bottom of your garden?

meggsz

They would have to very very high bushes, for far as building work continues, about14 ft high!

macman

You need to separate the two issues here: don't intertwine your concern about the planning permission with those about noise, smoke pollution, late-night building work etc. All the latter come under EH. PP does not.
Did they have permission to fell the trees? Did they have TPO's on them perhaps? Conservation area?
As for the overhanging scaffolding, call up the company that supplied it (name usually on a board attached to the street side) and give them 48 hours to remove it. if not, you can do so yourself and charge them. It is not permissible for them to erect this without your permission. I have no idea why your insurer said otherwise, as it is no concern of theirs (unless you maybe have legal cover with them).

meggsz

Yes, it was their legal cover helpline. No signs up on the scaffold, no boards. Seems to be the owners or friends. Thanks, will look into that again. Will also try environmental health again. I have no idea if they had permission over the trees. I've asked planning about that when I logged my complaint, So, looks like I'll be waiting 20 days for some sort of response from them.

dimbo61

Maybe time you planted some trees at the end of your 80ft garden.
If the sun would be blocked on your side the trim them every year.
If however the sun shine over the back neighbours garden
Let it grow nice and high

pinkteapot

They only need permission to remove the trees if they had Tree Preservation Orders on them. 

Even if you’d been told about it an objection from you wouldn’t have stopped planning permission being granted. Our last house had a side wall of another house against our back fence and the garden was far shorter than 80 feet. Can’t think of any valid grounds you’d have had to object. 

I do sympathise but I don’t see there’s anything you can do. I’d be planting a dense, tall hedge as that would help a bit with noise, as well as screening the sight of the thing. 

Thrugelmir

With an 80 foot garden plenty of ways of screening the view besides hedging up against the rear boundary. 

davilown

Thrugelmir said:

With an 80 foot garden plenty of ways of screening the view besides hedging up against the rear boundary. 

Leylandii come to mind......