Neighbour lied on planning application - windows now overlooking our property

killerferret666

WillGreen said:

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.

This is pretty normal. Put a set of plans through to get it approved. Play it safe with this set of plans so you have something to fall back on.

Submit altered plans, walls, windows, number of bedrooms etc... Hopefully then get approval. If you dont you can still build set of plans A.

If the council approved these altered plans then Its fully legal. As someone said if it says obscured glass needed then that can be enforced.

ProDave

Did you look at and object to the modified plans?

Bendy_House

WillGreen said:

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?

Hi Will.

Two separate issues here. The first is the position of these windows, and whether they breach planning. Can't comment on this as you haven't been very forthcoming with the info requested by others;

What do the revised submitted plans show? These should be on the Planning Portal.
Is the actual 'build' the same as these plans?
When was the build completed?

Then there's their behaviour. Simple - ANY act of obvious harassment should be tackled using both the LA and - in more serious cases - the police. You report it all, keep going on and on, until they are effectively given an ASBO. (And then you drop that into conversations with friends and neighb's.)

You CAN set up a CCTV camera in your property to cover these windows so that you have evidence of their behaviour. You can 'justify' doing this. If they do the same back to you, call the police - they CANNOT justify it (assuming you are not responding in kind...)
There are provisos, so get advice (eg, the ICO). Meanwhile DO try and catch them in the act using, say, your phone - one of you goes out to your garden, whilst the other surreptitiously records.

That's what I'd suggest - if the situation is as you describe.

And, if you have LP on your house insurance, call them for advice too.

Titus_Wadd

Definitely speak to the planning team; it'll help you gauge how motivated they are to take enforcement action.  Where the builder has taken steps to concealed their move away from the permitted plans, the LPA can work outside the usual time limits to enforcement (that doesn't mean they will).  After speaking to planning, email them with a summary of the conversation and ask them to confirm what was said.

Your case echoes our own situation:  builder bought a run down house on a huge plot with a view to building a small estate of houses.  We live in the only house they built and sold before the LPA insisted the whole site be finished before any other houses can be occupied.  A second house is occupied by the builder's relatives...no enforcement.

The builders in conversation with the head of planning declared they would continue to "build what we like" because the local council are extremely risk averse; they issue the first stage of enforcement (breach of condition notice) and the low level anti-social behaviour order (CPN) but then do nothing.  It's akin to threatening a toddler with the naughty step but never following through!

Once they get permission to build a tame version of a house, they submit "non-material changes" or simply ignore the permitted plans.  The LPA confessed to us that many of its planning conditions cannot be enforced! 

We have been assaulted too but the Police are still quibbling that it is a "neighbour dispute", although I'm not sure their proximity to our home counts as a defence to common assault!  We have submitted statements and video evidence of the latest attacks but 3 months on, the perpetrators have not been interviewed by  the police.

I hate to be the voice of doom but our experience has continued for 3+ years, and even with legal protection underwriting our civil action* it has taken the insurance company legal team 18 months to agree to do this.  In that time we have no protection for council or police.  *Civil action estimated cost is £50k, but we have probably lost £200k off the value of the house if we try to sell with the "dispute" unresolved.

Bendy_House

Titus_Wadd said:

Definitely speak to the planning team; it'll help you gauge how motivated they are to take enforcement action.  Where the builder has taken steps to concealed their move away from the permitted plans, the LPA can work outside the usual time limits to enforcement (that doesn't mean they will).  After speaking to planning, email them with a summary of the conversation and ask them to confirm what was said.

You case echoes our own situation:  builder bought a run down house on a huge plot with a view to building a small estate of houses.  We live in the only house they built and sold before the LPA insisted the whole site be finished before any other houses can be occupied.  A second house is occupied by the builder's relatives...no enforcement.

They builders in conversation with the head of planning declared they would continue to "build what we like" because the local council are extremely risk averse; they issue the first stage of enforcement (breach of condition notice) and the low level anti-social behaviour order (CPN) but then do nothing.  It's akin to threatening a toddler with the naughty step but never following through!

Once they get permission to build a tame version of a house, they submit "non-material changes" or simply ignore the permitted plans.  The LPA confessed to us that many of its planning conditions cannot be enforced! 

We have been assaulted too but the Police are still quibbling that it is a "neighbour dispute", although I'm not sure their proximity to our home counts as a defence to common assault!  We have submitted statements and video evidence of the latest attacks but 3 months on, the perpetrators have not been interviewed by  the police.

I hate to be the voice of doom but our experience has continued for 3+ years, and even with legal protection underwriting our civil action* it has taken the insurance company legal team 18 months to agree to do this.  In that time we have no protection for council or police.  *Civil action estimated cost is £50k, but we have probably lost £200k off the value of the house if we try to sell with the "dispute" unresolved.

That's hellish, TW.

Escalate escalate escalate. The Police Commissioner for your area. Find the next upwards person to take a complaint to, and do so. Repeat.

Titus_Wadd

Already have Bendy, including our MP, Police Commissioner, Local Government Ombudsman.  We can't go to the press yet until the civil action is complete.

The builders are little !!!!!!, but the officials who are meant to help, cause us by far the most consistent and on-going stress.

sheramber

WillGreen, look into a garden canopy/ sail which could block their view.

Bendy_House

sheramber said:

WillGreen, look into a garden canopy/ sail which could block their view.

And for addition effect, paint some little gold stars on to it.

lika_86

WillGreen said:

She stands at one waving at us when we're in our bedroom and lounge!

Obviously not a solution to all the issues but I can recommend mirror film in terms of stopping people being able to see into your house from outside. We have it as our house is right on the road and otherwise every pedestrian would be able to see in. 

bouicca21

I have mirror film too. It’s really good.