Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To object to my neighbours planning.

84 replies

WhenWillTheBuildersFinish · 30/05/2012 12:27

We were lucky enough to buy our house many years ago. We are rural and the nearest neighbour is 1/4 mile away, totally obscured by trees etc. So we have total privacy. Our neighbour, who we have been friends with for 15 years has dropped the bombshell that they are building a house right next to ours for their duaghter to live in. They are also going to put a driveway across the front of our property (we front onto common land) with her access road going up the side of our house. Her house will be able to see into our bedroom and bathroom. so we totally lose our privacy.
We are so upset about this we don't know what to do. The chap submitting the planning was turned down a few years ago for a similar planning application, so he has now submitted it saying the house has agricultural tie, it is all a lie, his daughter lives in the city 25 miles away and works in journalism. He is a retired solicitor who used to work for the local authority, so he knows all the loopholes.
What can we do?

OP posts:
Jins · 30/05/2012 14:33

I was summoned from the other planning thread but didn't realise one of the MN planning team was already on the case

Aboutlastnight · 30/05/2012 14:34

Do you have a local councillor?

kilmuir · 30/05/2012 14:36

Don't be bullied by him and don't believe all he is telling you.

mistlethrush · 30/05/2012 14:37

Jins - the more the merrier.

Jins · 30/05/2012 14:39

Actually I've just noticed that you have a borehole. You may get some advice from the Environment Agency on that issue. Try speaking to the Planning Liaison Officer for your area, ask if they've been consulted, as ask them if there are any restrictions. Contact page here

www.environment-agency.gov.uk/contactus/default.aspx

stoatie · 30/05/2012 14:39

Speak to the planning officer - if he has applied the details will be on planning notices.

I have recently been on the other side of this - we applied for planning permission to extend our house. Initially the planning officer visited and discussed areas that she would have issue with and suggested ways in which we might need to amend our plans as otherwise our planning would be refused.

Interestingly our neighbour also worked for the council and "knew" the right people - he was planning on objecting and had several chats with planning officer - however the fact that he was trying "old pals act" cut no ice with her - she listened to his objections - upheld some (ie 45 degree rule etc) and disregarded rest. Likewise whilst other neighbour objected she considered objections but as our plans complied with various planning regulations we still got planning permission.

As I said - she was very helpful - but also fair - what we had initially wanted to do was rejected and hopefully we have come up with altered plans which suit everyone.

Noqontrol · 30/05/2012 14:42

It sounds as though he's being belligerent because he knows he's in the wrong. Unfortunately people do get a bit shitty over things like this, my mum was in dispute with a neighbour for years because he wanted to build a house in his garden overlooking my mums. You need to get tough sadly and state your case. You'll probably fall out with the neighbour, but at the end of the day you don't want him to do what he's planning to do, and he's also prepared to walk over you to get what he wants. So stand your ground. Good luck.

squoosh · 30/05/2012 14:48

YANBU. He sounds like a nasty piece of work.

Don't give up and don't give in.

Kiss the friendship goodbye as he has so happily done.

Pooka · 30/05/2012 14:50

Another planner here. :)

Do you have sympathetic local councillors, or are you suspicious that they might be friendly with the applicant? I would strongly suggest that in addition to objecting to the planning team, you might also find it worthwhile getting local councillors on board.

Do not be intimidated and I personally think that his attitude to your approach suggests that the influencing the build idea might not be worthwhile.

Also, if development is contrary to policy (check out the previous refusal) why should you cave in?

First of all look at the planning constraints I.e. is it green belt, in conservation area, area of outstanding natural beauty and so on? What impact would the access across the common have on you and on the visual amenity of the area?

You could argue about the intensification of residential use of the site, including comings and goings and noise from garden being concentrated close to your boundary. Loss of privacy. Noise and disturbance. Impact on visual amenities. Lack of liklihood that the host planning unit would sustain additional agricultural tied dwelling. Difficulty of enforcement of same (so the burden in the future would be on the LPA to ensure that there isn't a breach by the use not being what was specified).

Pooka · 30/05/2012 14:53

I do recommend taking the long view - part of your own house's saleability and value will come from its setting. You are protecting your investment. It's business. Of course it's so much more, but if you go into it trying not to get involved in personal grievances (ignoring his shittiness) then you might be able to act tough and not allow neighbours to intimidate you.

oopsi · 30/05/2012 15:02

I don't think building access roads across common land is all that easy.In the village where i live there have been a few tussles over this .
your best bet my miles though is trying to work out a compromise

Jins · 30/05/2012 15:04

Pooka makes an excellent point on the difficulty of enforcement.

It is very hard to sustain an additional agricultural tied dwelling in the current climate - I've tried a few times and failed. If he's a retired ex local authority solicitor is the unit actually in agricultural use at all?

mistlethrush · 30/05/2012 15:06

I did my dissertation on agricultural dwellings and the effectiveness (or not) of the then planning regulations..... Grin

Jins · 30/05/2012 15:11

I did barn conversions :)

Bows to mistlethrush on this one.

mistlethrush · 30/05/2012 15:13

I came second in a RICS competition for money to do a project putting forward something on barn conversions... apparently it was a very unusual subject compared to the normal run of the mill type suggestions they got. Still didn't win it though.

Maryz · 30/05/2012 15:28

This reply has been deleted

Message withdrawn at poster's request.

Pendeen · 30/05/2012 15:33

If the neighbour is 1/4 mile away I would think you can fall out with him without too many consequences.

The planning regime has changed: Planning Policy

Jins · 30/05/2012 15:37

Aw thanks Maryz. We planners love a good ruck!

Sallyingforth · 30/05/2012 15:39

" He says he has no problem getting access across the common land because he is on the Commons Comittee and in fact has leadership of this area of Common."
OP, this is exactly the sort of corruption I mentioned in my first post. You should write down exactly what you remember of this while it's still clear in your mind, and be prepared to mention it to anyone connected to the Common. When their committee comes to consider the matter he should of course declare an interest and withdraw.

Pandemoniaa · 30/05/2012 15:42

I don't know where you live but I do know that after a notable series of terrible blots on the agricultural landscape a few years ago, round here, planning permission for new agricultural units are as rare as hens teeth. So this is definitely an area to pursue.

Also agree with whoever said you need to play the long game. I've little time for NIMBYs but this development sounds as if it could have a serious impact on the value of your property. So fight it all the way. It will help enormously if you are in an AONB or conservation area too.

PurplePidjin · 30/05/2012 15:54

Wrt him leaving you in tears, what strategies do you have in place to deal with him in future?

May I suggest "You are attempting to bully and intimidate me. Please put all further communication into writing. Further phone calls and visits will be interpreted as harassment and dealt with by the authorities"

Good luck!

Pooka · 30/05/2012 16:02

Thanks Jin Grin

Not specially knowledgeable re: rural planning. Or at least proper agricultural stuff. But where I used to work was 50% green belt and I cannot recall a single application for agricultural occupancy being successful. Though heaps for the reverse - binning the agricultural occupancy.

oopsi · 30/05/2012 16:02

'"You are attempting to bully and intimidate me. Please put all further communication into writing. Further phone calls and visits will be interpreted as harassment and dealt with by the authorities'

i might be wrong but io thought the op had approached him.

mistlethrush · 30/05/2012 16:07

Pooka - clearly not the authority area where planners told members that permission could not be given for an agricultural dwelling for a retired family member - so Members granted permission without the agricultural tie.

PurplePidjin · 30/05/2012 16:10

Change it to "All further communication needs to be in writing" then depends on whether the OP would like advice on dealing with Mr Stroppyarse alongside the planning stuff Wink