Retrospective planning question

[CSLchappie]

I need some advice concerning a planning application, we bought a new build house last December, there was a strip of land to the side of us that had planning permission for a one house (self build) it would sit parallel to ours but quite a way back from it and would thus be obscured significantly by our detached double garage at the rear of our house. We reviewed the approved site plan and council reviews prior to purchase and were confident that we wouldn’t be negatively affected once the house was built and established.

Fast forward 8 months, they are almost up to roof level but something doesn’t seem right with the positioning as we now have almost zero privacy in the rear garden and ground floor living quarters that face the new house. Today we’ve received a letter from the council saying that the owner is requesting retrospective planning permission as he’s built the house at least four meters closer to our house than it should be. There is a lot of history with the planning application for this property (its in a village and next door on the other side is a grade 2 listed building) Its his first build and he chose to manage the build himself and not engage his architect, but there have been numerous objections relating to modifications he’s wanted to make after receiving permission on the main design, some of the objecting comments imply that he’s purposely re-located the property to allow for an additional extension that he failed to acquire permission for earlier this year.

We’re pretty pissed off now, I would expect that once complete the new house will negatively affect the value of ours due to the sheer lack of privacy in the back garden / kitchen / lounge from it’s first floor windows.

I’m gathering all the information I can at the moment but was wondering if anyone had any advice on how to proceed if we decide to formally object?

[CSLchappie]

Thanks for the advice, we're going to speak to the other neighbours over the weekend as all have objected at every step of the way against this development.

One final question, it transpires that the move was caused because the owner used out of date and unapproved plans when performing the groundworks, the council were notified of this in early May yet work continued on the build for at least two months after this and its taken the council over three months to inform the local residents of the issue. Can this be used in my argument in anyway as it seems that the progress he made on the build after the error was identified will only strengthen his argument for retrospective planning due to the financial impact it will have on him.

[CSLchappie]

Thanks for guidance, its helped shape my response to the application to be solely factual and objective. Talking to the neighbours has been very beneficial and an eye opener, there is a smoking gun relating to a second planning application that would rely in part in the re-location of the property to provide better access. Planning department have been helpful so far in answering questions and providing technical guidance to support my points, I know it'll be an uphill battle but I'm going to put forward a damn good argument regardless of the chances of success.

[CSLchappie]

Not an option I was thinking of, the more we uncover the more i'm convinced it was a cynical and deliberate tactic considering the implications for the second planning application. We live in a conservation area with a grade 2 listed next door but one (also massively affected) I now have a three story modernist box featuring a substantial number of large non-obscured floor to ceiling windows on the ground and first floor less than 17 meters away from my kitchen & dining rooms with almost no privacy to the rear garden, lounge is also significantly overlooked. And they've managed to remove one of the original conditions of planting trees along the boundary to maintain privacy....

speedyguy said:

It probabably isn't an option but hypothetically how much of a sweetener would you want to make you not want to object or would you prefer the house came down at whatever cost due to the overlooking?

[CSLchappie]

I don't want to be in this situation is probably the best way to describe my feelings on the subject. I see three possible outcomes, none of which will satisfy all parties to a reasonable degree.

Probably best if I wait until the process has moved onto the next stage before commenting anymore.

dav123a said:

So what sort of outcome do you want ? Fence and trees or the house demolished ?