Neighbours New Tree house

[Silvafoxa]

Hi,

Just some background. I have DC and we are friendly with neighbours. We live in a semi rural area but our garden is (was) completely private and we enjoy that! especially with lockdown.
There are no other neighbours in close proximity.

So our neighbours started work on a treehouse that is approx 10ft + in a tree at the back of their garden. Our garden and house wraps around the back of the garden.It is at the very bottom of their garden. The tree house is 5ft from out kitchen window and looks directly into it.

It’s all we now see looking out our kitchen window and completely dominates our view (I have shrubs and planting but nowhere nr 15ft to cover).

It also now blocks all light into kitchen. It’s a big shed on stilts with overlooking windows. With added fairy lights. It use to be pitch black outside our window snd it’s lit up in the evenings.

Since it’s been erected random adults have been up and looking through into our house (maybe unintentionally but it’s really not nice).

I spoke to neighbour who said it’s for children and to lighten up. They were very dismissive and said it’s staying.

I just think come summer it’s going to be hell with kids in there so close to our kitchen and patio. They didn’t put it nr their house probably for the same reasons I do not want it so close to mine.

Am I being miserable, it’s such an eyesore ?
Should I report to the council ?

@iheartredsquirrels
Thanks. The grammar police are out in force today.

@Warmduscher. You can put your red pen away - it was a rough suggestion, typed in haste, on a phone. I'm sure the OP could decipher the gist of it. Honestly, as if I expected anyone to cut and paste directly

The reason I suggest the letter is twofold:

1. It creates a paper-trail and proves that you tried to resolve it amicably.

1. It's all very well everyone piling in about complaining to planning, but OP has indicated that she feels a bit exposed/vulnerable because she is remote/rural/single parent. Even if her neighbours are dicks, they are her neighbours. They are the people she has to see every day, that she might have to call in an emergency. So yeah, they are arseholes, but you don't want to completely fall out with them if you can avoid it.

I'm sure the OP is capable to forming her own wording - it was just a suggestion.

Put up some v large posters of swear words for their children to look at. Hopefully they'll go and ask their parents what they mean and repeat them a lot 😊

[quote PurpleRainlnTheSky]@Warmduscher

If you do go with Balonz’s letter, OP, amend the mistakes first!

There's always one. [/quote]
So you think she should leave the mistakes in? Thank goodness there is always one. The OP needs to be taken seriously if she’s going to make an official complaint.

Don't tell them you'll report it to planning. You care about neighbourly relationships. They don't. Give a time frame for them to respond or comply. If they don't then write to planning. And get a large lawn sprinkler in the meantime. After all, you always intended to get one and your lawn was there before their treehouse

Aren't your kids keen to see what's in the tree house?
If you just happened to leave a ladder about... kids will be kids after all! 😉🤣

Suggest (ask) the Council to send a tree surgeon out as part of their inspection because ( broad hint) ‘they’ve cut the tree back so much you’re worried about it’s stability - which of course affects the treehouse.
Speak to your local councillor and parish council. The PC are usually pretty hot on this sort of stuff, not least because iiv one person does it, it’s open season.
Did they build it themselves or employ someone to do it? Doesn’t make a difference now but a reputable tree house builder would have checked the physical position and planning, to avoid what’s happening.
BTW they’re being entitled dicks. Good luck

@PurpleRainlnTheSky

I think the letter is a good idea, (AND THE OP NEEDS TO KEEP A COPY OF IT,) because it creates a paper trail.

Like when you see housing officers etc giving notice to seek possession on a tenant who has not paid the rent for months, the tenant can ignore it and rip it up even, but it doesn't change the fact it exists, and it has been served.

As long as the OP writes this letter saying (roughly) what @Balonziaga said, (and makes a copy to keep,) she has a proven written record that she has tried to resolve the issue.

Citizens should not be trying to ‘resolve’ planning issues.

It isn’t a divorce or a dispute, no one gets brownie points for performing ‘reasonable’. It is either within planning regs or it isn’t. And that is for the planning department/ committee to decide.

Suppose the neighbours agree to remove some of the deck? So what… the structure is still of a height to need PP. what if they remove the deck but the OP (rightly) is still not happy? Oh, but now the neighbours have a pile of dismantled wood to show how THEY tried to ‘resolve it’.

Planning law and it’s implementation is a statutory process, not a mediation mechanism.

This article sets out the legal position. It would make a good template for outlining your complaint to the Council Planning Dept /councillor/ MP

imbusiness.passle.net/post/102fp4s/treehouse-of-horrors-or-just-another-little-dig-at-permitted-development-rights

Another thing to look at is your own title deeds. Is there any restrictive covenants which prohibits building on or in the garden?

They certainly can't have the window over looking so bare minimum that would have to go. You could say either take down the lights and lose the window staring in or I will report it and get it taken down.

@iheartredsquirrels I am thinking a range of perfectly legal but smoky garden activities, not arson!

You could do what my neighbour did. Wait until they go out, then have someone hammer copper nails into it very subtly (quite well hidden!). The downside is, if it's a large tree, it will be a slow death for the poor tree.

We didn't even have a treehouse in ours. She just didn't like the beautiful old cherry blossom tree.

It really isn't worth trying to negotiate with the neighbours.
The scale of the structure and it's proximity to both the boundary and the OPs property mean that just taking down a few fairy lights and blocking a window really aren't going to have a significant effect.
It will be much easier and cleaner to go straight to the Council.

The article posted by MindtheGap is pretty good. Doesn't include everything, but clearly shows that PP is required. It's not down to the OP to prove this - but pointing out the issues to the Council won't do any harm.

I'd like to suggest the 1st April (or whenever you think is reasonable)

I'd change that part of the letter too, far too open ended. They probably think in five years time when they kids are older is reasonable.

@AdobeWanKenobi

I'd like to suggest the 1st April (or whenever you think is reasonable)

I'd change that part of the letter too, far too open ended. They probably think in five years time when they kids are older is reasonable.

I think PP meant (or whenever OP thinks is reasonable....)

Fair enough @GrannytoaUnicorn I've read it wrong and I apologise to @Balonziaga. Absolutely no need for the face though was there?

@dazzlingdeborahrose

Don't tell them you'll report it to planning. You care about neighbourly relationships. They don't. Give a time frame for them to respond or comply. If they don't then write to planning. And get a large lawn sprinkler in the meantime. After all, you always intended to get one and your lawn was there before their treehouse

This! I wouldn't resort straightaway to the nuclear reaction of reporting. Make a nice, polite overture to them about how it's unreasonable of them to have bunged this in your face, that it cuts out light and the fairy lights are massively intrusive, and give them a cut-off to do something about it.

It's a horrible situation to be in though, and if there are no other neighbours, you have no back-up. We had a tree house built in our willow tree about 4 years ago and only realised afterwards we should have had planning permission (the entire street is full of raised sheds, elaborate playhouses, elevated decking etc!!). I apologised to our NDNs on the side the tree house was closer to and asked if they'd like me to screen off that side of it so we didn't overlook into their garden (onto the tops of their serried ranks of sheds mostly) and they were fine about it. But we sited our tree house at the bottom of our garden, which is the bottom of theirs too, and it's nowhere near a house.

@strifeofbath is totally right. This isn't a civil dispute where you'll end up disclosing material and arguing over behaviour. Planning laws are there for a reason. You just tell the planning officer what has been done, without consent, and they look into it. If planning is needed they will tell the neighbours, an application will no doubt be made and the OP can object (on planning grounds only). It's all very procedural and transparent. I don't know why so many on MN are unwilling to use a public service. It doesn't have to be nasty or personal and nor should it be. Sticking to the facts is the best way.

The OP has tried to be reasonable and talk to them about it.

They are not going to dismantle the thing just because she sent a letter saying the same things she has already told them.

Planning law and it’s implementation is a statutory process, not a mediation mechanism.

Strifeofbath’spoint is spot on. Report it and let the planning people do their job. It doesn’t have to be personal or a drama

If the structure is within 2m of a boundary it needs planning permission- simple.
Don’t over complicate just fill in a complaint form and let planning sort it out - it’s their job.
Then it will either go or stay.
If it stays you will have to plant something high the other side .
Don’t get into conversations with neighbours. Be polite - nod , hello etc but no more.
They are not your friends you only need to be civil not friendly.

Maybe ask them to screen the side that looks over you. That way you are being friendly. Then if they say no explain that if they don't do something you will have to speak with the council to see if its allowed.

Project pornography onto your kitchen window/wall. ( when your kids not in)
Don’t be intimidated- as above , not friends - neighbours. They obviously don’t care about annoying you so you should’nt care about annoying them back …

As per previous suggestions, ask them to have a look at it from your side and consider moving it, and if they refuse tell them you are reporting them to the council and then report them. If they’re going to know it’s you, you might as well be upfront about it and if you’ve warned them you’re going to report them then at least it gives them the option to move it first.

Seems as though they had a chance to reasonable and chose not to be. If you now choose to make a complaint then you are just following suit with their attitude...!

Is there anywhere on your property that they can see in theirs? I recommend constant strobe lights, personally.