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

Swasterix

meggsz said:

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. 

But aside from the fires and blah, blah, blah, they haven’t done anything to you, have they? They’ve chopped down “their” trees. Knocked down “their” garage and built something else (with permission) on “their” land. 

You are free to plant some trees on “your” land if you wish.

Edit to add- it’s really not your place to say whether it’s required or not. It’s their property, they can do with it what they wish (within the boundaries of the law). 

Slithery

Even if you were notified, would you have had a valid objection? You haven't yet said what your objection would have been.

ssparks2003

meggsz said:

You sound like you've probably done something similar to your neighbours by your response.

Yes, you are quite right. I have done something similar; I have also built on my own property with all the relevant approvals granted through planning process. What a cad and a bounder I am.

AdrianC

meggsz said:
I have not caused people to be choking due to burning non-garden constantly waste during lockdown when people are trapped in their homes.

Let's turn the melodrama down a bit.

Yes, burning non-residential waste is an environmental health problem that the council should be addressing.
No, it has nothing to do with the planning app.

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.

Yes, you should. That does not automatically make your objection valid.

They have parking, they had a garage, this was not needed.

IYHO. They do not need to justify their wish to build as part of the application. "I don't think they need it" is not a valid objection.

Davesnave

I don't think the council had any duty to inform you personally about the application for planning. It might be their policy to do this with immediate neighbours, but I'm not aware of a legal responsibility.

Certainly, when a developer's plan was varied and a 5 bed was built next to a bungalow I inherited in 2006, there was only a general notice posted in the local press and one placed on a lamp-post in a different street, so I had no idea it was about to happen.

More recently, when I applied for planning permission in 2012 and 2013, I was sent notices to display 'in a prominent position' and I doubt if anyone checked where I'd placed them. As there were no comments or objections, I don't know for certain if anyone saw them.

billy2shots

I guess the old adage of 'you buy the house not the view' is relevant. 
Nothing could have or can be done about it so concentrate on what is in your power as suggested multiple times. Make the end of your own garden more pleasant with the new view you have to work with. 

AdrianC

Davesnave said:

I don't think the council had any duty to inform you personally about the application for planning. It might be their policy to do this with immediate neighbours, but I'm not aware of a legal responsibility.

<digs in to actual legislation>

(5) In a case to which neither paragraph (2) nor paragraph (4) applies, the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(b)by serving the notice on any adjoining owner or occupier.

(6) Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the authority is to be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement.

https://www.legislation.gov.uk/uksi/2015/595/article/15/made

So, no, if that is the right section (and it seems to be, but I wouldn't swear to it), then it's an either-or. Either the notice is posted OR it's sent to the neighbours. And if the notice is ripped down, it's not the council's fault.

Davesnave

AdrianC said: So, no, if that is the right section (and it seems to be, but I wouldn't swear to it), then it's an either-or. Either the notice is posted OR it's sent to the neighbours. And if the notice is ripped down, it's not the council's fault.

Thanks for that. We are quite remote from the council offices, but I was surprised to be sent the notice in the post and to be tasked with deciding what was a 'prominent' position. I'm fairly sure the only neighbour affected didn't see it, but plenty of those unaffected probably did. I laminated it. Otherwise, given the time of year and the large council-generated puddle (they'd tarmacked-over a drain) beside it.....

RelievedSheff

If the OP had been notified what would they actually have achieved in being notified? It doesn't seem as though they have a valid reason for planning refusal and the neighbours in question don't appear to have done anything wrong in this instance. The trees were theirs to remove and the building has planning permission.

The OP just needs to find a way to screen the wall which with an 80ft garden shouldn't really be difficult.

macman

Most likely the council posted the PP notices near the proposed work on the street that the property fronts. Not on the parallel street where the OP lives, and whose garden adjoins.