Shove if I could afford it I'd hire a lawyer and take them to court. I totally believe in fighting especially if I believe genuinely an injustice has taken place, but they're digging the ground up already. So even if we won it would cost us a lot and be too late for us. We need that money for screening!
The history
We bought the house knowing consent had been granted (but expired), but the former owner (also the developer) told us the houses would be further away and lower. We also looked at the existing houses already built and thought there was no way they could comply with current policy based on what we knew. We checked policy very carefully and thought it confirmed we were right. We assumed policy must have changed dramatically since then for the others to be there. (This is all an admission of stupidity, really. We bought the house believing we had a strong case to reject them on current policy, and also thinking that if they were approved, they wouldn't be as bad as the ones already there).
Plans were submitted for one plot just before Christmas. It was closer to us and higher than the ones there. It was a nightmare, just before Christmas and all that entails, to research everything. But we write a massive objection letter, with photos, and showing how they didn't comply with either policy or guidance. Our belief was still that policy MUST have changed and we needed to show how.
In January, someone in the community gave us documents on the first three houses that went into the infill area. None of this was available online. We learned that the plans for the first three were rejected because they were NOT in keeping with the area in terms of design, scale, mass, density. It was considered they'd have a disproportionate impact on visual amenity for the area. It was also felt that they would impact on the landscape. In other words, all the arguments we'd made for rejecting these two. The landscape consultant was aggressively opposed as well because a woodland would be removed.
So now we started researching history more deeply. The developer (asset stripping former owner of our house) got a tree survey done. They persuaded planning that they could conceal the houses and reduce all the impacts. Planning went along with this.
159 trees were identified by species and location on the 3 sites. Planning identified 96 of these to be kept and requested that the ones removed for the building needed to be replaced as well. So there should be about 159 trees screening these massive houses. This was a building condition. We found letters to the developer saying that under no circumstances did the council want to hear requests for trees to be removed at a later date. The consent clearly states that these houses "would only be acceptable in a woodland" to protect the area.
DH knows his trees. He took the survey and checked what was there. 83 trees have been removed - 83 out of the 96 that should be there - and no replacement planting for any of the others taken place. There are only 13 trees left. We mapped them in our objection letter.
We spoke to neighbours who describe a 'slash and burn' at the time. But no one knew then the detail of the conditions.
Two more buildings went in next. The planning officer this time claimed they were in keeping with the area and zero comment about screening if the missing trees. Total u-turn despite no change in policy. Some locals think there was something a bit smelly about this. Those have also been built and one of them is the one already impacting on us. He also gave consent for the two plots in front of us, which subsequently expired and have just been renewed.
So, back to current time, when the next application went in for the last plot in front of us, our letter focussed on the history and we showed how even planning had rejected the houses and pointing out they were now totally unscreened and these sites were the most exposed.
We had 30 objections across both applications from about 20 households (only about 30 houses in this part of a small rural village); all three councillors on board, and the community council as well. We did not object to development, we just wanted the scale reduced to be in keeping with the area, which would have addressed our specific issues as well.
Fast forward to the committee meeting on Monday, where the head of planning was present.
The committee got head of planning to acknowledge that these were out if scale with the wider settlement. He admitted most of the village was low-scale.
They got very worked up about the missing trees and wanted them replaced. Planning Head deflected that saying they needed to wait for an investigation to be concluded and taken from there. We expect now they will acknowledge a breach but do nothing retrospectively.
On landscape impact, we'd provided images showing these houses towered over trees and were the only houses in the area to do so. (Our village has two settlements - separated by a small hill and ours is in the north). Planning produced an image from the south settlement showing a community centre and school standing out on the landscape and said they were not the only buildings to stand out. (It still stuns me they compared a house to a school!)
Finally, on sense of place, planning argued this enclave of big houses had their own 'sense of place'. This was actually one of the reasons why they were first rejected years ago, because planning then argued they would create a "suburban enclave" in a rural area. On Monday, this 'difference' was twisted as complying with 'sense of place' in policy.
Planning also argued it would look odd to have two low scale buildings next to these big ones, despite the fact the neighbours on three sides are single storey.
The outcome: one committee member went crazy and said they were ugly and clearly a big mistake. Very very angry about it. Another wanted a site visit but that was refused. Five finally agreed to approve them based on it looking odd to have two bungalows there. It was also commented by the Chair that the developer might appeal because he'd had previous consent. THAT, we believe, was their real concern so they've ignored everything else. When the angry councillor pointed out that had clearly been a mistake by planning, another responded "To stop this now would be like closing the stable door after the horse has bolted"
I am still dumbfounded. We sort of won the argument, but not the case.
Sorry this is so incredibly long. I'm clearly wanting to get it off my chest!
Oh - we had one small victory. One of the plots had a detached garage with study on top on it which we argued had a roof higher than single storey neighbour's. The case officer had said the roof was lower than we claimed. The committee made the head check this in the committee room and we were right. A condition had been applied that it has to be flat roof.