Can my neighbour get away with this....

Bamberella

MeteredOut said:

Bamberella said:

I'm sorry if you think I'm being OTT. I am just stating how I feel. Where I used to have a lovely view of trees etc, I can now see the side and roof of a 20m x 6m building. 
What planning laws are the neighbours complying with? They applied for Permitted Development which was rejected and classed as unlawful. This is why they are now going down the Caravan Act 1968 route and getting round the need for planning permission. I know an member of the family of the main house is planning on living there with his own family.
I might add the side that faces my garden have windows which can look into mine and my daughters bedroom. Is this allowed?

If the council says they comply with the Caravan Act, then thats the law under which they are building. Do you disagree that they comply with that? Can you link to the Act, as a quick google if "Caravan Act 1968" returns acts related to caravan sites, not siting a caravan on a domestic property land.

Have you checked your neighbours title deeds? Some disallow caravans, and the council won't necessarily police that.

Do you have legal protection on your home insurance policy? You could ask them.

Thank you for your comment. The Caravan Act says (I think) it must be easily split in two and I can't see how that can be, as it was built on site and didn't arrive in two parts that were bolted together. The council advised the structure complies with "The Caravan Act 1968" so can remain.
Do you know how I check Title Deeds, please? And I will check on my home insurance, thank you for your advice.

Bamberella

thegreenone said:

How does it come under the Caravan Act?  It's not even a mobile home, as its being built in situ.

I'm surprised about the windows too.

The council has classed it as a static caravan on their reply to me, confirming it can remain as complies with The Caravan Act 1968. It is a timber framed house in my eyes and is going to have tiles on the roof. 

Bamberella

fwor said:

If they have complied with planning laws and there are no restrictive covenants on the property that prevent it, there is nothing you can do at present. If it becomes occupied as a residence then there may be grounds to object - but it's too early to do anything about it at this stage.

If you are willing to change the layout of the garden and are able to think in the longer term, one solution would be (for example) to plant a yew hedge along that boundary. That would require no permissions, and if you plant 3ft tall plants now (which can be bought quite cheaply in bulk from one of the hedging specialists) it should be tall enough to obscure it in 4-5 years.

Thank you for the advice. I will definitely be planting something.  When we did our extension, we obtained planning permission and had to consider the detrimental affect on neighbours, loss of their privacy and over developing the local area. My neighbours seem to not have to do any of this, which I don't feel is fair.

Bamberella

BrilliantButScary said:

Do you know what the structure is going to be used for?
Unfortunately, I have had experience of them being used as bedrooms for adult children, one of whom had a cannabis habit! 

I have also seen them utilised for Airbnb!

I sincerely hope none of the above will apply.

The person building it is going to live in it with his wife and son.

Brie

So basically it's an annex (however they've got round that).  Perhaps drop a word to the council tax department about that as they will need to be paying a separate amount, I believe.  And maybe that will highlight the fact that they've got round the rules.  

Meanwhile, plant so fast growing, possible spiky plants.  My favourite rose was one call "Compassion" that grows very quickly up to 12 feet high, and has thorns that are nearly lethal.  It will look lovely and smell great while giving you privacy.

Liz1966

It sounds like your neighbour is complying with the law even though their activities are detrimental to your enjoyment of your home and garden. Therefore legally there is likely to be nothing you can do and any dispute could be costly and unsuccessful if you do find grounds to complain.
As a starter I would ask them to put privacy glass in the windows overlooking your garden. It may also be worth specifically raising this issue with the council.
If your neighbours are not willing to put in privacy glass I would plant a row of pleached trees. Although these are expensive, they are alot cheaper than a legal dispute.
There may be a covenant restricting what they put in their garden, however, it would be at your cost not the council's to enforce this. You can usually check this by going to the landregistry.gov.uk website and searching for that property's documents -https://www.gov.uk/search-property-information-land-registry 

retiredbanker1

If you like trees plant some conifers down your side of the garden!

BrilliantButScary

This might be useful:

https://happynesthomes.co.uk/understanding-the-caravan-act-what-it-means-for-lodges-annexes-and-garden-rooms/

I too would either go with 'pleached' trees or roses.

Bamberella

BrilliantButScary said:

This might be useful:

https://happynesthomes.co.uk/understanding-the-caravan-act-what-it-means-for-lodges-annexes-and-garden-rooms/

I too would either go with 'pleached' trees or roses.

Thank you this...it is very helpful. My understanding is that it can not be lived in permanently, which it will be once it is completed. 

Bamberella

Brie said:

So basically it's an annex (however they've got round that).  Perhaps drop a word to the council tax department about that as they will need to be paying a separate amount, I believe.  And maybe that will highlight the fact that they've got round the rules.  

Meanwhile, plant so fast growing, possible spiky plants.  My favourite rose was one call "Compassion" that grows very quickly up to 12 feet high, and has thorns that are nearly lethal.  It will look lovely and smell great while giving you privacy.

Thank you for this.