New dwellings at the bottom of the garden 16 meter away

New dwellings at the bottom of the garden 16 meter away

Postby facing a brick wall » Wed Mar 22, 2017 4:38 pm

Hi,

Looking for any guidance/advice this forum can provide as every avenue I explore circles back round to the planning department that granted the permission in the first instance!

We have 3 detached houses that face onto a neighbours paddock, this neighbour was a director with Redrow Homes (Scotland). Back in 2006 when our own houses were being developed by Tulloch, the neighbour gained planning permission for two new dwellings on his paddock. This paddock is an infill site and is surrounded by existing houses on all perimeters. The access to the paddock was via a private lane owned by one of his neighbours, the access road to our own development remained a private road until 2015 whereby adopted by the local council. Now the planning permission was valid for 5 years (expired in 2011).
The neighbour has had his existing dwelling and the paddock up for sale separately for may years, in 2016 he received an offer from a builder to purchase the land with the existing planning permission for the two dwellings. Now through the council complains process I have challenged the council to demonstrate the work carried out on the paddock to secure the plans approved in 2006. The response I received was, [quote]"The report of handling for xxx stated that works commenced in respect of this development and therefore the permission was implemented. There is correspondence on the file stating that work initially started on 5 November 2007 but was suspended and recommenced on 18 January 2010. Unfortunately I cannot find anything on the file to indicate what those works entailed. However, there is correspondence on the file confirming the Council’s acceptance that the development had commenced." Both access roads to the paddock were private neither owned by the neighbour selling and no evidence of the work undertaken in 2007!.
Now off the back of these existing plans in 2006 which was for the 2 dwellings to site 50% between my neighbours & my own garden approx. 15 meters away from our own houses (3 meter beyond the boundary wall). The builder submitted new plans to the council planning department to move the two dwelling forward and increase the dwelling size. The movement from the existing plans entailed moving the building directly across the full of my boundary wall 4 meters away from the wall (estimated to be 16.8 meter away). These plans were passed and all new planning legislation was superseded on the grounds of the existing application (10 years have lapsed).

Now as per the previous plans, we all submitted our objections and concerns. One of which was the obstruction to light, the Planning department withheld publishing the shading report! Our objection appear to have been answered by the builder without any consultation with the stakeholders, planning was approved without any notification. The builder was given the right to adopt either set of plans and the access to the dwelling being via our estate and not the private lane.

We sought access to the shading reports that demonstrate that one of the neighbours will be fully shaded after 3pm on a March equinox. the response received was quote "in assessing the significance, reference is made to the relevant guidance (the Building Research Establishment’s (BRE) document entitled ‘Site layout planning for daylight and sunlight: a guide to good practice’). This guide provides guidance in relation to daylighting and sunlighting. It includes a recommendation that at least half of a garden or amenity area should receive at least two hours of sunlight on 21 March. The application was assessed as acceptable in daylight and sunlight terms having regard to this guidance."

Being located in Scotland we are not covered by the party wall act, the boundary wall is 100% our ownership and with foundations being 4 meter away from the party wall I have concerns about the damage and subsidence this may cause. Seem legal action is the only way forward. Plus the builder thought he would comment on the condition " it is in a state of disrepair" The wall is not falling down and it is safe and secure on both sides.

I have completed the second level complaint process with the local council with the Planning department standing hard and fast on their decision. Now I have a challenge that the existing plans are null in void on two accounts that the access roads were private and not owned by the seller and that there is no evidence of any work carried out on existing plans to endorse they are valid.

Any input on whether this is worth taking forward with the Ombudsman albeit this will have no impact on the fact that I will be facing a full gable end wall for the rest of my life!

Thank you in advance
facing a brick wall
 
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Re: New dwellings at the bottom of the garden 16 meter away

Postby jdfi » Sun Apr 23, 2017 11:09 pm

Regarding right to light for the neighbour, read http://www.bailii.org/cgi-bin/format.cg ... /2245.html and speak to a solicitor.
jdfi
 
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