Heading for Dispute Over Decking ***picture heavy***
Discussion
Decking completed in November 2007. Consulted neighbour before starting the work and he did not raise any objections. Four decking specialists came to cost it up and not one of them felt there was a planning issue.
Three months ago, neighbour decides to have his house valued (he, and his wife, spend most of the year in Spain). At some stage, the estate agent (according to neighbour) mentioned our decking. The subject of planning was raised and neighbour subsequently complained to the council that the value of his house has suffered a fall due to the "overlooking raised decking".
We live on a hill.
Council didn't waste any time in asking for a planning fee. We paid it along with elaborate plans / elevations / photographs and a proposal to erect fencing / bamboo / willow / trellis to appease neighbour.
After some weeks of waiting, council have just told me that the application has been refused and that I will be given everything in writing on 1st of August.
The main concern - according to the council official - is privacy. My neigbour, whose wall I rebuilt for free, whose leaking windscreen I fixed for free is complaining that he does not have any privacy now that the decking has been built.
He's planning to sell!
He has a balcony overlooking us all!
The value of his house has increased since we turned this run down house into a respectable looking home...
So the appeal process is next...
The annoying thing most of all, is that I explained to him the the terrain will dictate the level of the patio adjoining it and he agreed that raised decking would be a good idea. He knew we were planning to start a family (wife is now six months preggers) and we wouldn't want stairs from the patio doors...
What chances have I got - realistically - of overturning the council decision?
edited to remove dead links
Three months ago, neighbour decides to have his house valued (he, and his wife, spend most of the year in Spain). At some stage, the estate agent (according to neighbour) mentioned our decking. The subject of planning was raised and neighbour subsequently complained to the council that the value of his house has suffered a fall due to the "overlooking raised decking".
We live on a hill.
Council didn't waste any time in asking for a planning fee. We paid it along with elaborate plans / elevations / photographs and a proposal to erect fencing / bamboo / willow / trellis to appease neighbour.
After some weeks of waiting, council have just told me that the application has been refused and that I will be given everything in writing on 1st of August.
The main concern - according to the council official - is privacy. My neigbour, whose wall I rebuilt for free, whose leaking windscreen I fixed for free is complaining that he does not have any privacy now that the decking has been built.
He's planning to sell!
He has a balcony overlooking us all!
The value of his house has increased since we turned this run down house into a respectable looking home...
So the appeal process is next...
The annoying thing most of all, is that I explained to him the the terrain will dictate the level of the patio adjoining it and he agreed that raised decking would be a good idea. He knew we were planning to start a family (wife is now six months preggers) and we wouldn't want stairs from the patio doors...
What chances have I got - realistically - of overturning the council decision?
edited to remove dead links
Edited by Glassman on Wednesday 28th April 08:13
I generally hate decking and consider it the opiate of the pseudo-middle class daily mail reader but that actually looks rather nice. It's certainly a lot nicer than their VILE conservatory whatnot. Your neighbour is a c**t for sneaking off to the council behind your back when they already agreed to the plans. I'd suggest discussing it calmly and rationally over a knuckle sandwich.
Oh. And the council work for YOU, the council tax payer. Not the other way round. Remember that.
Oh. And the council work for YOU, the council tax payer. Not the other way round. Remember that.
Edited by missliv on Wednesday 30th July 17:03
missliv said:
I'd suggest discussing it calmly and rationally over a knuckle sandwich.
Oh, he's gonna get it sooner or later, but I just can't believe that he could go from one of the nicest neighbours you could wish for to a James Hunt. I'm not one to lose it without justification, but I just want to get hold of this situation, put things right and hopefully get the decsion turned in my favour. Only then will he see how much I disapprove of his actions.
Fight it. These things are not written in stone. The only privacy issue is the deck adjacent to the neighbour. You could easily place a willow screen or similar there.
Has anyone from planning actually been to the property? If not they should come and see it?
As for the neighbour take down the free wall
As an aside a few years ago a company was planning a big animal incinerator next to a school around here and we organised a campaign that stopped it in its tracks and they had fancy lawyers and all sorts - we ended up at planning meetings and really did a job on em (although I have to say none of them wanted a bloody incinerator but they needed a technical reason to stop it).
The point is that if you do nothing they just enforce it if you appeal there is a good chance that a compromise can be achieved. Also does he have planning consent for that balcony.
I am sure there must be a planning expert on PH somewhere.......
Has anyone from planning actually been to the property? If not they should come and see it?
As for the neighbour take down the free wall
As an aside a few years ago a company was planning a big animal incinerator next to a school around here and we organised a campaign that stopped it in its tracks and they had fancy lawyers and all sorts - we ended up at planning meetings and really did a job on em (although I have to say none of them wanted a bloody incinerator but they needed a technical reason to stop it).
The point is that if you do nothing they just enforce it if you appeal there is a good chance that a compromise can be achieved. Also does he have planning consent for that balcony.
I am sure there must be a planning expert on PH somewhere.......
A 1983 XR3, all glazing removed and sat, without wheels on four piles of bricks, adjacent to the front of his property, should provide a good correcting balance to his house price. Plus loud music and a bit of generally foul-mouthed language (not aimed at him!) in the garden whenever you notice pople round to view.
Edited by V8mate on Wednesday 30th July 17:20
Did your neighbor get planning for his loft conversion with french doors and natty little balcony? Seems to me you have a counter claim.
Look into it.
Get the missues outside in a bikini for a bit of toppless bathing (or hire in a fit bird if shes not up to it) and watch your loss of privacy when 'James Hunt' gets his voyuer glasses on.
Look into it.
Get the missues outside in a bikini for a bit of toppless bathing (or hire in a fit bird if shes not up to it) and watch your loss of privacy when 'James Hunt' gets his voyuer glasses on.
Edited by Tony*T3 on Wednesday 30th July 17:14
Invite them round for a drink and a proper talk about it then, explain the costs and hassle they've created for you by changing their minds and going crying to the skool monitor and ask them to do the decent thing and withdraw their complaints. Hopefully if you phrase it right you can get them feeling so s
t about their actions that they'll cough up for the fees. It's not as if you didn't give them an opportunity to object to your plans.
Meanwhile I'd suggest a very clearly written letter to your local council planning department, rejecting their decision, restating the facts surrounding the case and asking them to reconsider. Although there are probably a handful of exceptions, most of my contact with people who work for local authorities leads me to believe these sorts of decisions are made by grunts and peons with less imagination and poorer insight than a myopic bluebottle and only get passed to people with any degree of common sense if someone kicks up a stink.
t about their actions that they'll cough up for the fees. It's not as if you didn't give them an opportunity to object to your plans.Meanwhile I'd suggest a very clearly written letter to your local council planning department, rejecting their decision, restating the facts surrounding the case and asking them to reconsider. Although there are probably a handful of exceptions, most of my contact with people who work for local authorities leads me to believe these sorts of decisions are made by grunts and peons with less imagination and poorer insight than a myopic bluebottle and only get passed to people with any degree of common sense if someone kicks up a stink.
Edited by missliv on Wednesday 30th July 17:16
Tony*T3 said:
Did your neighbor get planning for his loft conversion with french doors and natty little balcony? Seems to me you have a counter claim.
Look into it.
His dorma was built some time ago - we've been here around 18 months now and I recall a conversation with John about how he had objections from the people at the bottom of his garden. Seems he had similar problems with his balcony. But if it has been approved... ??Look into it.
I may start complaining about him parading naked on said balcony every afternoon.
Go to see the planner with some ideas as to how to reduce the impact on the neighbour , i will offer a couple of ideas .
Personally , i think the planning decision is the correct one , so dont get high and mighty with them , the planning laws are there to protect us all .
You could possibly alter the decking quite easily ,pull it away from the boundary say a further 1500 , maybe even fit a solid balustrade to the boundary elevation .
I would then erect 2m high solid fencing to the boundary , straight from the house and alongside his stty "conservatory ".
Show a sectional elevation of the change in levels , this will then clearly showe that overlooking is not a problem .
Then go back for a resubmission , there is no additional fee for this stage.
edit.
should this fail , and it shouldnt there is a route for appeal
Personally , i think the planning decision is the correct one , so dont get high and mighty with them , the planning laws are there to protect us all .
You could possibly alter the decking quite easily ,pull it away from the boundary say a further 1500 , maybe even fit a solid balustrade to the boundary elevation .
I would then erect 2m high solid fencing to the boundary , straight from the house and alongside his s
tty "conservatory ".Show a sectional elevation of the change in levels , this will then clearly showe that overlooking is not a problem .
Then go back for a resubmission , there is no additional fee for this stage.
edit.
should this fail , and it shouldnt there is a route for appeal
Edited by Busamav on Wednesday 30th July 17:20
MK4 Slowride said:
Tony*T3 said:
Did your neighbor get planning for his loft conversion with french doors and natty little balcony? Seems to me you have a counter claim.
Look into it.
Indeed, I can't see how he'd have go away with white painted wooden loft conversion on top of a red brick building.Look into it.
missliv said:
Invite them round for a drink and a proper talk about it then, explain the costs and hassle they've created for you by changing their minds and going crying to the skool monitor and ask them to do the decent thing and withdraw their complaints.
Too late for that. Once the Planners start to investigate/deal with something, it ceases to have anything to do with the complainant.Edited by missliv on Wednesday 30th July 17:16
Wacky Racer said:
SLacKer said:
Fight it. These things are not written in stone. The only privacy issue is the deck adjacent to the neighbour. You could easily place a willow screen or similar there.
That should shut the
up.......I've got a bit of help from a friend who is a retired builder who suggest we invite the planning office to our house for a site meeting so they can see for themselves what we can.
It's on a flipping hill, you morons!
Had a more extreme version of your case recently.
Neighbour got a lovely decking job done , but it ran directly to the fence and because of the incline his house was built on towered over mine and another neighbours gardens by 12+ feet.
I wasnt that bothered but it overlooked neighbours kitchen window and I assume he complained as 3 weeks later they were ripping it up.
I dont find much offensive about yours to be fair , theres foilage between the two and a bit of distance from the fence.
Neighbour got a lovely decking job done , but it ran directly to the fence and because of the incline his house was built on towered over mine and another neighbours gardens by 12+ feet.
I wasnt that bothered but it overlooked neighbours kitchen window and I assume he complained as 3 weeks later they were ripping it up.
I dont find much offensive about yours to be fair , theres foilage between the two and a bit of distance from the fence.
Edited by Jazzer77 on Thursday 31st July 00:00
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