A HOMEOWNER claims her peaceful garden has been ruined by her neighbour’s extension – and the council won’t do anything.
Jenny Brown, 60, feels trapped in her detached home in Whitby, North Yorkshire, despite her neighbour having permission to build the extension.
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Jenny and her gardener husband Stephen, 67, have lived at the property for 21 years.
They allege their garden wall was knocked down by builders and was told it would be replaced, however it still hasn’t been built.
The couple also argue the two storey extension is inches onto where their wall used to be and is on their land.
However, neighbour Lauren Winspear, 28, was given planning permission by North Yorkshire County Council.
Lauren told TeesideLive: “I have written evidence and proof from the council planning and building regulations that this development is in no breach and that the case has been accepted for closure.”
The council’s area planning manager Nick Read added: “Out of respect for the privacy of landowners and complainants, we do not comment about alleged breaches of planning control unless a case proceeds to formal enforcement action.
“All complaints about alleged breaches of planning control are assessed and investigated as appropriate.”
The childless couple, who have three dogs, initially got on with their new neighbours when they moved in around six years ago.
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Jenny, who suffers with chronic pain, anxiety and depression, said: “We used to have a beautiful garden, now it is ruined. They have ruined our property and ruined our lives.”
She continued: “The builders also assured us there would be no problem and asked if they could take our garden wall down.
“I said I didn’t want it taking down and they promised it would be put back bigger and better.
“Within two minutes the builders had knocked the whole wall down and the workmen started digging.”
They claim the new building has also been pouring foul-smelling water onto their garden and has robbed them of light.
When the Browns repeatedly complain to their neighbours they reply “we’ve done nothing wrong, the council says so”.
The neighbours were not available for comment when approached by the Sun.
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What are your rights?
When it comes to a neighbour’s extension or building works, there are a few common causes of discord.
Overstepping property boundaries is a common problem, and it’s important to check where the boundary lies to see whose land the works are taking place on.
You can buy these for as little as £3 from Land Registry.
Meanwhile, the Party Wall Act 1996 is a piece of legislation designed to prevent and resolve disputes between neighbours over building or digging work that affects a party wall.
Tom Edwards, partner in property disputes at LCF Law, said works within six metres of an adjoining home could fall within the act, which means neighbours must be given written notice.
He said: “Owners can also acquire rights to light over time. If you’ve had the benefit of natural light to your property for 20 years or more, even if it’s not in your deeds, it can become your legal right.”
