To think my neighbour can drill a whole in my house to permanently hang a 15ft tarpaulin?

[Euro21widow]

So, name changed as obviously outting as pretty sure this isn't a normal occurance!

My neighbour has drilled a hole in my (grade 2 listed) building so she can permanently hang a piece of tarpaulin about 15ft up (as high as my 1st floor roof) for "privacy". Surely she can't just do this? Where do I go from here? It blocks all the light out to my ground floor windows now. Have included (bad) diagram.

However, if OPs neighbour has lived in the village for years, she might be on the PC or be really friendly with some of the Coucillors. I would approach the Borough and County Councillor (unless you are a Unitary Authority) Then the MP.
If no joy, I would talk to English Heritage. However a letter to you neighbour telling her to remove it might be needed so she can't claim you agreed.

Hi! I have a small update. I received an email from a planning enforcement officer who has asked for more photos as they don't want to make a site visit during covid time. I have taken some more photos and sent them back to him. I am hoping now I have a direct email things might move a bit quicker. Will keep you updated.

Blimey won't do an outdoor site visit due to Covid? Aren't you just sick of Covid as an excuse in some cases! I bloody am!
Hopefully they'll take action on receiving the additional photos.

Don't want to stand on your driveway and look up due to covid? Crikey. But yes definitely a load of photos and someone to pester directly if needed is definitely a step in the right direction, good news!

Bullshit. That's just cost cutting. Fuck all to do with covid. They've realized that it was cheaper to manage the department when they werent doing site visits as the peak, so they're just going to keep that going.

He actually replied super quickly and said as the tarpaulin isn't a permanent structure then it "does not constitutedevelopment" but will pass on the photos of the actual place where it is attached to the heritage team to ask for their advice. Not looking great is it? I am now worried she is right and allowed to do this.

It might not be a planning violation, but neither would nailing birdfeeders to a fence owned by your neighbour. Doesnt mean you're allowed to do that though. It's not your fence, you can't attach things to it. Your wall isnt hers, she cant attach things to it.
But this would be a private situation and not for the planning department. You'd need to engage your own solicitor.

Sadly my experience of Planning enforcement is that they always have a reason why whatever has happened is not something they can get involved in. Even when a local housing estate ended up with two extra houses over the approved plan, they decided not to act. They also took no action after a developer ripped out an entire hedgerow that was supposed to be left alone.

I think we may have to learn to live with it.

The G2 listing is a red herring. If the LA is unconcerned from the point of view of the building’s status, move on. The point is your neighbour had inflicted criminal damage on your property. Check your insurance policy for legal cover. Otherwise send a letter via solicitor stating she has X number of days to remove the sail and make good or she will be taken to court. This is no different in reality to you going outside and painting her car yellow because the existing colour offended you.

You don't have to permit her to attach things to your house even though it may not be something planning want to get involved with, you've always got the insurance/private side of things to look at too. You might not be able to ditch the tarp but you could definitely lose the fittings applied to your house with absolutely no comeback on her part at all (assuming you post the fittings back through her letter box). If she tries to put it back up you might have trespass/harassment even grounds but surely she'll get fed up of paying for scaffolding?

Sadly my experience of Planning enforcement is that they always have a reason why whatever has happened is not something they can get involved in yup ,same here .

or been there for years blah blah historical = can stay as it is .

Just go round when it's dark and remove the fitting. Tell her you came at it from your roof so didnt touch her land. And tell her if she attached anything else to your property, you will remove it.

She can install a pole within her property and attach the tarp to that.

It doesn't get around the fact that it is attached to your property though does it? Just because your kitchen wall is a boundary to her garden doesn't make it her wall surely?

Bloody council, they really CBA can they? Don't want to call because of Covid my arse. You haven't asked them to come into an enclosed space maskless and breath all over them.

Remove the fittings. What's she going to do? Ring the police? They will do fuck all.

It’s time for a solicitor letter, it’s your wall not a party wall and she had no right to attach anything to it, if you give this CF an inch she’s going to take a mile

I agree it's time for a solicitor. She is not allowed to deface your property

I am frankly very surprised at tge reaction from your planning team. Our district's enforcement team are very hot on any works done to a listed building without consent. The so called temporary nature of the tarpaulin is not relevant to the fact they have drilled into and attached fixings to a listed building which is simply not allowed without consent. Your council's planning team don't sound very experienced or perhaps they are under resourced.

@Euro21widow

He actually replied super quickly and said as the tarpaulin isn't a permanent structure then it "does not constitutedevelopment" but will pass on the photos of the actual place where it is attached to the heritage team to ask for their advice. Not looking great is it? I am now worried she is right and allowed to do this.

He's just saying that a tarp isn't a planning issue.

He hasn't however ruled out there having been an offence committed by drilling into a listed building.

You also have the solicitor route for criminal damage.

I would contact your own councillor directly.

Also, as you're in a conservation area, there might be a local voluntary group who keep an eye on things like planning applications etc The might called the Neighbourhood Forum or [place] Society.

Also, check out the rules on right to light

I agree with trying a local voluntary group.

We have a local history preservation group/heritage society & they were a godsend to us with problems we had with neighbours breaching listed buildings regs. They knew the law & had contacts to push for fast action

The tarpaulin isn't permanent but the fixings for it are! and need to be checked for security and suitability

Fixings to masonry: Where fixings are made to stone or brickwork it is necessary to check that the masonry is adequate beforehand. Such a fixing to a facade could dislodge a stone or an area of brick thus endangering the safety of the scaffold and damaging the historic fabric. All fixings made to the wall of an historic structure must be of stainless steel. Listed building consent may be needed before permanent drilled-in fixings are installed.

And it is also acknowledged that temporary structures also need close inspection

Temporary roofs and temporary buildings: In relation to their area or volume temporary roofs and buildings are, by nature, light structures. As a consequence their need for lateral stability and resistance to wind uplift is a major but often ignored requirement. It is usually advisable to seek the help of a structural engineer in the erection of such structures. The contractor should always be required to provide a drawing of his proposals and in any but the smallest of cases, supporting calculations.

www.buildingconservation.com/articles/scaffold/scaffold.htm

My bold

And that is when you are doing it to your own house!

@Euro21widow

He actually replied super quickly and said as the tarpaulin isn't a permanent structure then it "does not constitutedevelopment" but will pass on the photos of the actual place where it is attached to the heritage team to ask for their advice. Not looking great is it? I am now worried she is right and allowed to do this.

That is interesting. It is a listed building. I know that even in the Conservation I used to live in, you had to apply for permission to attach a satellite dish to your building.

The tarpaulin is attached in the same way, I presume. frame drilled through the brick/mortar.

If its still windy where you are it might be worth taking a short video of the Goodship Dorito flapping about, for bit more evidence of how it could be potentially damaging your wall.

Of course you don't have to live with damage to your property, the planning permission route may have been an easy fix to get her to remove it, however she cannot legally attach stuff to your house! Therefore you may need to follow a legal route.