Neighbours have ignored their refused planning permission - I am bloody livid. Very long rant, but if anyone can help I'd be really grateful.

[BecauseImWorthIt]

I've posted about these neighbours before. Basically they moved in about 3 years ago and ever since then their house has been a constant (and I really mean constant) building site. There is always a skip outside the house, plus all manner of building equipment. For a period of several months there was a fucking huge lorry container in the front garden, which overshadowed our front garden.

The have had a loft conversion, then a ground floor extension. Remodelled the whole of the interior of the house and are now moving on to the garden.

We have been very patient and very accommodating - but recently our patience is being even more tried by them. They have had their back garden replaced with decking, and in the spring, she called me round to have a look (I thought she wanted me to admire it) and then complained about our cherry tree, because all the blossom was blowing on to her decking and staining it. Would I consider cutting down our tree?

No I bloody won't, although I did say we would have it pruned. Not that that will make any difference - it will still produce blossom!

Anyway, about 18 months ago they put in a planning application for a balcony, to be installed on the top (2nd floor, the loft conversion.) Permission was, thankfully, refused. Our back gardens are tiny, (no more than 3m long) and they would in effect have been sitting right on top of us and looking straight down on us if we are in our garden.

Today, more builders arrive, and they are only installing this balcony, even though they haven't been granted planning permission.

I've been on to the council's website, and it states categorically that they have had permission refused for this.

I am so, so, so cross I could blow my top and it's really upsetting me. I am now feeling very foolish and annoyed with myself for how accommodating we have been as they have basically just walked all over us and clearly have no sensitivity at all for how we might feel, and no recognition that this might be an invasion of our privacy.

I'm going to call the council first thing in the morning to make my complaint. Presumably they will have to remove this balcony?

Anyone had a similar experience? And what was the outcome for you?

I would be careful about your cherry tree, what if you put in a complaint about the balcony, and they complain about the tree!

Can thet complain about cheery tree I thought it was only evergreen trees over 30ft that posed a justifiable complaint?

can they and cherry obv

If they havent got permission thecouncil will make them take it down. End.

They sound like pillocks to me.

Blossom ? whats the harm in that ? idiots !

call, they sound like a bunch of tossers
If they want to waste their money let them, I would be tempted till its all finished first though

They will have to remove the balcony. Plain and simple.
They can complain about the tree all they like but the council can't make you cut it down. Not unless it's rotten and dangerous (which I suspect it's not)

And in any case, we were here first - have lived here for 20 years and the cherry tree was here when we moved in!

(I was actually very polite to her when she asked about our tree and gave all appearances of considering her request very seriously. Inside I was actually thinking "fuck off you ridiculous and stupid woman". You see I'm a nice person. At least on the outside.

I only soaid that about the tree as they sound obssesive.

message from my friend

Take photographs of the work that is in progress. This is important evidence for building a case against them. You should be able to email them to Development Control, who would be interested.

"Casually mention to the builder at the first opportunity, words to the effect of 'Were you aware that planning permission had been refused for this work?' - that will usually deter them from doing any more work.

Secondly, place a call to Development Control, letting them know that work is pressing on and you would like to know why. I am assuming that the neighbor is going to try to force a retrospective appeal (so head them off quickly).

Failing that, you are entitled to scream at your council to force them to undo the work that has been done, and make good any damage done by the building work. If you were to allow them to finish the job off and pay the builders, it could cost them a small fortune to put right afterwards - assuming they don't appeal. Remember, you can always object to the appeal with photographic evidence that the "extension" is a direct invasion of your privacy.

By the way, I'm NOT a planner, but DO work closely with them, so my word is not "the law" but I know of a lot of similar cases...

GOOD LUCK!

I think she is able to cut down any branches which naturally overhang into her garden without asking for your permission.

Best prepare yourself for that one just in case.

She sounds like a nightmare !

Thanks TrinityRhino - very useful. I hadn't thought of pictures.

Re the tree - none of the branches actually overhangs their garden by very much - and even if they did cut those branches down, her issue is with the blossom which would still come from the rest of the tree.

Call now (in the morning). Don't let them finish it as for the COuncil a retrospective order could be easier than an order to demolish and make good.

It could take ages to sort after the fact.

Good Luck, they sound awful.

Yes, we had a neighbour who had planning permission refused, went ahead and did it and then won retrospectively on appeal.

I would let the council know now.

Our borough is plagued with unauthorised flat conversions and so on - the council's planning enforcement department appears bogged down and they don't always seem to insist on reinstatement. As others have said, take photos and get onto the council immediately. If officers seem not to be taking action, ask your ward councillor to intervene.

Oh yes, I will be on the phone as soon as the offices open. I tried to call today as soon as I realised what was going on, but they close at four.

I'm also going to talk to the neighbours on the other side, to see if they share my views.

Christ, sounds like it would have been easier for them to buy a bigger house! What a pain in the arse!

as well as galvanising the council write formal letter to them telling the neighbours that they have no right to do this work (quoting refusal of pp details). tell them they must stop immediately or you will be seeking court injunction against them to stop their unlawful activity, at their expense. no more mrs nice guy! (then get some legal advice pdq if they carry on....!)
the bleedin cheek of some people!

You're right, cfa - too much Mr and Mrs Nice Guy. I've taken the view that as we will be neighbours for years that we should be accommodating and considerate.

It appears that it only works one way though!

gird those loins. kick some ass. good luck. report back?

Oh yes indeedy.

I'm not going to do anything that will alert them to my views until I've spoken to the council - but I will be up bright and early to take some photos.

As soon as the council offices are open I will be on the phone!

I'm feeling a lot better about it now - using my anger more positively - earlier this evening I was dreadfully upset and starting to get a bit hysterical about it, which is silly.

what is it about planning / neighbours that gets us going on such a visceral level?? am exactly the same.... we have planning issues that make me SHAKE with fury....

Update.

I spoke to the council this morning and there is nothing we can do.

After they were refused planning permission, they went to appeal and they won at at appeal.

It appears that we did not object formally at the first planning application stage. I can't remember if we did or we didn't, but I know that I went to the council to look at their plans, and that we were very anti them at the time. The only thing I can think that happened was that we very quickly had a letter to say that their plans had been refused, and so we probably thought that we didn't need to do any more. Of course, because we aren't down as objecting then we didn't get informed that there was to be an appeal.

The council are going to let me know who did object, but there's not much I can do with that information really.

Anyway, next door neighbour obviously heard me asking their builder if they had planning permission because she came round to talk to me about it. Caught me a bit unawares which was annoying, because I wanted to go round on my terms! She was at pains to point out that they will not be using the balcony to sit out on as it is part of their bedroom but that they want one because in Sweden, where they come from, everyone has a balcony and you use it to air your duvet/bed linen.

I told her we were very unhappy about it, and that it had been a shock seeing it being built after we thought that planning had been refused, and that we found it very intimidating and highly invasive. She has promised that it won't be (except she doesn't get that just by it being there it is invasive!), and that we must let her know if we feel that their usage of it in any way invades our space.

So nothing I can do.

Except I have decided to plant another cherry tree.

LOL at "another cherry tree"! Sorry it wasn't the news you wanted to hear.