- A retiree in St Saviour says that her neighbour’s new balcony is blocking sun to her garden
- Sheila Le Cuirot claims that she did not receive notice about the plans and has missed chance to appeal
- Planning Department have said that she was contacted about the decision
- Have you ever had a dispute with your neighbours? Take our poll below
AN Islander says she has lost sunlight, privacy and part of her view after her neighbour’s plans for a balcony were approved.
Sheila Le Cuirot, a retired telephonist who lives at Palace Close in St Saviour, also says she missed out on the chance to appeal against the decision because she did not receive notice that the plans had been passed.
This, she said, meant that she missed the 28-day appeal window.
Planning, however, say that the decision notification was printed and, according to the logging system they use, sent to Mrs Le Cuirot on 18 February.
Now, the pensioner says she has been left disappointed and claims that the balcony blocks her view and reduces the amount of late-afternoon sun she gets.
She has also said that items have fallen from the new structure into her garden.
Mrs Le Cuirot said: ‘I would have considered an appeal, but Planning said it is too late to appeal, as the plans had been passed.
‘This has ruined my garden. I have lost privacy in my lounge. I am most concerned with what I have lost in terms of my view and the late-afternoon sun.
‘Things have fallen off the balcony into my garden. You can’t use that side of my garden now.’
Mrs Le Cuirot said that clothes and, on one occasion, a heavy work tool had fallen into her garden and that she was concerned that heavy objects posed a danger if they fell onto her land. And she says that the department should have considered property deeds for Palace Close, which set out that residents can have a balcony or conservatory, but not both, as her neighbour does. However, Planning has confirmed that private deeds and covenants are not considered by the department.
Peter Le Gresley, Planning director of development control, said: ‘The department advised Mrs Le Cuirot of the decision on this application by letter, dated 18 February 2015. The letter contains clear instruction on how to appeal and the deadlines for doing so.
‘The department logs all letters of representation on planning applications in its computer system. When instructed, the computer system generates letters advising people of the decision made. There is an audit trail in the system and in this case, it shows that a letter to Mrs Le Cuirot was generated and printed.
‘The decision has been issued in accordance with our adopted procedures and the time for any appeal has now passed.’
Mr Le Gresley added that Islanders could register on the States website to receive automatic updates about planning applications as they progress.
Mrs Le Cuirot’s neighbour could not be contacted for comment.
HELL is other people, as the saying goes, and never can that be more true than when it comes to the inhabitants of the house next door or the flat above.
While some people are lucky enough to share their space with the type of neighbours who greet their initial arrival with a basket of fresh fruit and will be happy to water their plants while they are on holiday, the unlucky few will be stuck next door to people that are so loud, noisy and inconsiderate that it can actually shave value from their home sweet home.
Citizens Advice Bureau chief executive Malcolm Ferey is well aware of the frustration and upset that can be caused by neighbourly disputes, with noise, parking and hedges the most common issues that they encounter.
‘There is an old North American Indian proverb which says “be close enough to your neighbour to see his fire but not so close that you can see his axe”,’ he says.
‘What it comes down to is that it’s all about communication. ‘There are simple things that you can do to make life with your neighbours easier. If you’re going to have a party, tell people. At least then they’re prepared. ‘It’s just common sense. Try to reserve noisy DIY jobs for in the day and the quieter ones for at night.’
Malcolm advises that new homeowners should expect that people who have lived in an area for many years may have had previous informal arrangements with the previous neighbours and that it pays to find out what they were.
‘It’s a good idea to go and say hello and ask your new neighbours if there’s anything you need to know about,’ he says.
‘Your neighbours might expect you to fit in with them but it’s a two-way thing. Also, existing neighbours should try to be considerate of new people moving in.
‘Apart from anything else, you want to keep good relations so if you’re new to the neighbourhood, check what the ground rules are. It doesn’t mean you have to accept them but if they’re suitable for you then that’s great.’
If problems arise, the Citizens Advice Bureau recommends that warring neighbours use its community mediation service as a first port of call for disputes. At a cost of just £20, it is infinitely cheaper than bringing a civil action to court and it can be a fair and quick way of solving problems. ‘When things go to court there tends to be one winner and one loser,’ Malcolm says. ‘But community mediation is for when people find themselves in a dispute (of a monetary value of less than £10,000) and both parties are prepared to talk.
‘They should both come away satisfied, but with neither having “won” or “lost”. The mediator will facilitate an agreement from a neutral point of view and it’s often the best approach because it’s quick, cheap and it works – we had a 100 per cent success record last year. Also, it does not prejudice any further action. ‘We’ve seen people in very distressed states but they leave the mediation shaking hands.’
