The planning appeal process.

[Dave Perkins]

Hi all, hoping someone can soothe my frayed nerves.

Our neighbour has recently finished an extension which he had planning permission for. However, he built a large 5m x 4m raised patio (concrete terrace infill over rubble from the build) on the back of the extension that he did not have permission for and butts right up to our boundary fence. We live on a hill and their property is higher than ours and as a result when the neighbours stand on their patio our 7ft boundary fence barely reaches their waistlines. As a result they now have uninterrupted views into our entire garden and the back of our property as well as the next property down the hill.

They also used all the spoil and demolition from the ground works and the old garage to level the slope in their garden. This now presents us with the same invasion of privacy issue all along the boundary between our two properties as the soil level in their garden is now the same level as their raised patio. Our neighbour made absolutely no effort to communicate with us about these two developments and was away in another country with work for most of the build.

I, and the next neighbour down the hill, complained to the council who made our neighbour apply for retrospective planning permission for both the patio and soil banking which was then refused on grounds of invading our privacy.

Our neighbour has appealed to the planning inspectorate and we are waiting to hear the decision.

I live with my parents and have handled all this for them as they are elderly and easily freaked out by officialdom and are ready to throw in the towel and move from their home of over 40 years. I try and keep them in check but it's even starting to worry me now that our neighbour may 'get away with it' as my parents put it.

I was wondering if anyone else had been through something similar and can shed any light on how the inspectorate is likely to rule?

Thanks.

Dave.

 

[John D v2.0]

I'm pretty sure you can only increase 30cm above the natural ground level as permitted development, if it's classed as a raised patio or platform. Beyond that, overlooking is apparently one of the deadly sins of planning permission, so if overlooking is un disputedly happening, then their appeal won't get very far.
Having said that, make sure you get in touch with whoever is hearing the appeal to make sure they look from your point of view.

 

[Nakajo]

Two concurrent threads in this forum could almost be talking about the same problem from different sides of the fence.

 

[^woody^]

can shed any light on how the inspectorate is likely to rule

It all depends the individual situation.

You can be present when the inspector visits, but can't interact much other than respond to their questions. But you can carefully structure your responses and demeanor to get across how this may be impacting [badly] on your lives, without coming across as a moaner or bitter.

 

[oldbutnotdead]

Plus hopefully you've got photos of the 'Before' setup to prove that there has been a gross infilling job.

 

[Dave Perkins]

Plus hopefully you've got photos of the 'Before' setup to prove that there has been a gross infilling job.

Fortunately the council planning dept took pictures before the work began so they know how much the level has been raised.