Neighbour lied on planning application - windows now overlooking our property

WillGreen

Through a covenant we recently blocked an attempt by our neighbours to build additional houses on their land at the bottom of our garden, which would have decreased the value of our house considerably. As a result they have started a campaign of harassment and violence against my family and the police are involved. As part of it they often stand at or lean out of 2 of the windows that look onto our house and garden. Since looking into it we can see that they have lied on their planning permission in order to get these windows either added or moved. He is a property developer and so knew how to circumvent planning rules to get what he wanted built and this is just one of many things he has lied about. I've put in a complaint with the planning department to try to get these windows changed to fixed and obscured glass but what I'd like to know is when someone has lied on their application form (this is not in question) what are the legal implications for them and can it just be dismissed by the planning authority?

sham63

When you say they’ve “lied”, what do you mean? They have to build in accordance with the approved plans. If they haven’t, the Council can take enforcement action against them.

lincroft1710

When were these windows installed as there are time limits after which a council cannot act upon the breach

diystarter7

You will need to contact planning enforcement officers.
It all depends on how good the local department/council is.
When putting in a written complaint, speak to planning officers beforehand and seek guidance what to include in the complaint it.
Then make a concise and factual complaint and the impact on your life/privacy as privacy appears part of what has not been followed.

Councils can and have had whole structures raised to the ground via enforcement. It goes through appeals, takes about 12 months depending on where you live and the builder will fight it but if it  does breach planning laws the coucil will enforce this though it takes time. Keep on good/polite terms with the planning office but don't forget they can only work to the rules and regulations and not on anyones side other than the law.

intimidation and harassment is often part of the game and as you have already done so, get the cops out and don't get into trouble yourself as at times these types will pay some misfit to cause you trouble so be careful and dont let it take over your life as it can lead to depression/etc

Tell the coucil clearly how planning conditions have been breached and concentrate on that.

WillGreen

They lied because they got initial plans approved and then filed another set based on their only being a couple of small changes to the original. However they were two completely separate houses. The second set of plans, the one they built, would never have passed if it had been filed independently and as a property developer he knew that and how to circumvent this. Some of these changes were moving a window and adding 2 more that looked straight into our house and garden. She stands at one waving at us when we're in our bedroom and lounge!

Unfortunately, it has already had a terrible effect on my family, not least in that she attacked me, but more that they are happy to include our young daughter in their intimidation tactics.

My elderly mother lives just round the corner as otherwise we'd definitely have moved, whatever the loss on what our house should have cost.

user1977

It's not very clear from what you've said, but if you mean that what they've built does in fact accord with the plans ultimately approved by the planners, I'm not sure there's much you can do about the planning aspect of it.

penners324

Take photos of them perving on you, report them to the police for taking an unnatural interest in your underage daughter.....

DE_612183

So the property developer submitted plans for ADDITIONAL HOUSES ( How many )?
You objected ( he didn't like that )
They then had plans approved ( WHAT FOR? )
They then had plans approved with some modifications ( to what the number of houses? the number of windows? ).

I'm sorry but you need to provide more details, from what I can read is that the property developer has submitted plans which have been approved - if thats whats been built then there is nothing you can do.

As for the harassment, then you can take that up with the police but not sure what they'll do - can you not plant some quick growing trees or use fencing to obscure your neighbours?

WillGreen

We've planted trees (at huge expenses) but are waiting for them to grow in front of the first floor windows. We've reported everything to the police, including our concerns surrounding our daughter, and it turns out they are well known to the police.

What I'd really like to know at this stage is what can the council do as a result to them lying - which the council environmental team have confirmed they've done. Can they get to be made to fix the windows with obscured glass - ideally? Can they get fined, in the hope they stop it and move on somewhere else? Anything else?

user1977

WillGreen said:

What I'd really like to know at this stage is what can the council do as a result to them lying - which the council environmental team have confirmed they've done. Can they get to be made to fix the windows with obscured glass - ideally? Can they get fined, in the hope they stop it and move on somewhere else? Anything else?

Still not sure what you mean by "lying" - they submitted plans, and the council approved them? I don't think the council can backtrack from that.

Cedartree123

If your neighbours have built the new house in accordance with the plans which they have been granted planning permission for there is nothing the local council can do about it. This is the case if they submitted one planning application or 50 planning applications. 

Saying that, if the council approved plans which had obscured glass, or put a condition on the planning permission to say that obscure glass must be used, and this hasn’t been done, then the councils enforcement team can get involved. 

Above all else if your neighbour is harassing you this is a police matter, and if they have the right planning permission or not make any difference to that.