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

anselld

meggsz said:

 They emailed me and said you were sent a letter we now have 20 days to respond to your complaint! Building work continues...

Whatever the outcome of the complaint it is not going to reverse the planning decision so don't spend 20 days thinking that it will.  Your only hope is some other route as others have suggested if they have felled trees illegally they can be forced to reinstate these on their own land.  

Thrugelmir

davilown said:

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......

No.................. :'(

Doozergirl

davilown said:

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......

Yeah, why not plant lleylandii for a 3 metre high wall.  😳

This thread is going in for too long.  OP, there is nothing you could do, even if you had complained.  80ft is outside any privacy issue, plus it's facing them, not you.    Under permitted development rights, they could truly build something massive as well.  

Put up a fence and plant something nice, then forget about it.   You're not going to get anything from the council but an apology at best.  

blue_max_3

I'm surprised the neighbours you get along with haven't mentioned it to you. 
I doubt your objection would have made much difference any way. It's hardly causing you any hardship in reality.

FreeBear

meggsz said: 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 ... [the neighbours] tried calling the police over it, who said it was not illegal to have a bonfire and wouldn't help.

The burning of "controlled waste" is an offence, as is burning anything that produces dark smoke - The laws being breached are usually dealt with by the local council and/or the Environment Agency. The police can get involved if the fire is likely to cause a disturbance, but for them to say "no crime being committed" is wrong. A couple of links for you -

https://www.richmondshire.gov.uk/environmental-health/pollution/neighbour-nuisance/burning-of-commercial-waste/

https://environmentagency.blog.gov.uk/2015/07/29/waste-crime-help-spot-it-and-stop-it/

As for the construction work - Now that planning has been approved, not much you can do about it.

ProDave

If you have an 80ft garden, you can sacrifice a few feet off the end of it to plant your own trees and shrubs that will grow to hide the neighbours monstrosity and be totaly under your control.

Then forget any disputes and get on with your life.  You can hide their monstrosity, think yourself lucky it is not the neighbour next to you doing this.

AdrianC

As MacMan says, don't conflate things. There's actually three issues going on.

1. Failure to notify. Did they put up the required notices outside the property? If they put them up, but "somebody" later ripped them down, then that's counted as them being present...

2. The merits of your objections. If you'd found out in time to submit your comments, would they have changed the outcome of the application?

3. Environmental health breaches. That's totally separate to whether or not there should be a building there, whether it's your belief that there may be noise in the future from this development, or pollution from bonfires - especially if the fires are being used to dispose of commercial waste from elsewhere, rather than simply domestic garden trimmings.

Yes, Covid caused a lot of issues with council EHOs etc. Of course it did. They should be getting back to normal now, but for the minor detail that most lockdown/social-distance/mask enforcement is on them. They're run ragged, and local authorities are skint.

peterhjohnson

pinkteapot said:

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

Additionally, if they are in a Conservation Area you have to notify the council that you intend to cut down most trees so they can choose to slap a TPO on them. More detail here https://www.planningportal.co.uk/info/200126/applications/60/consent_types/14

ssparks2003

meggsz said:

 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,

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!

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,

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..k

 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've happily lived here for 5 years now, all the neighbours are fine (Barr them) 

There seems to be two main issues, 1. You did not get informed by the council about the application. And, 2. You attitude to others, the is a lot of bile in the above comments. 

If you are going to do anything about this situation or even live in a vaguely civilised manner with your neighbours, the attitude needs addressing first 

meggsz

ssparks2003 said:

meggsz said:

 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,

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!

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,

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..k

 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've happily lived here for 5 years now, all the neighbours are fine (Barr them) 

There seems to be two main issues, 1. You did not get informed by the council about the application. And, 2. You attitude to others, the is a lot of bile in the above comments. 

If you are going to do anything about this situation or even live in a vaguely civilised manner with your neighbours, the attitude needs addressing first 

You sound like you've probably done something similar to your neighbours by your response.
I have not sworn at them as they have, I have not caused people to be choking due to burning non-garden constantly waste during lockdown when people are trapped in their homes. I am a homeowner and should have been informed about the planning application and had my opportunity to object, which should be my legal right. I allowed them access to my garden to erect a fence I have been a good neighbour. They have parking, they had a garage, this was not needed. They have not behaved in a neighbourly fashion. I don't think there is anything wrong with my attitude or recall asking for advice on it. I asked a question about my rights as a property owner.