My garden is teetering on 9ft drop after builder caused landslide – it’s NOT my fault but no one will fix it
AN angry homeowner says her garden is teetering on a sheer 9ft drop after a builder triggered a landslide – but no one will fix it.
Charlotte Winfield has become embroiled in a “really frustrating” planning row after excavation work was carried out on the plot of land that sits at the bottom of her garden.
Miss Winfield, whose three-bed home is on a steep hill, said her garden is “collapsing more every day” following the groundworks.
The 38-year-old therapist said she has lost her vegetable patch to the landslide and has had to cancel her daughter’s third birthday party in the garden because it is too dangerous.
And she claims when she raised her subsidence concerns with the developer she was told: “You have to crack eggs to make omelettes.”
The helpless therapist, who hasn’t been able to use part of her “unstable” garden since August, said “nobody wants to take any kind of responsibility” for the damage caused.
Miss Winfield lives in a three-bedroom home in Southampton, Hampshire, with her family.
In August last year, clearance work began on a plot of land below her home.
Planning records show a new three-bed home will be built on the plot.
According to Miss Winfield, in the summer a builder “dug against the bank” which caused a “fault line” at the end of the garden.
She said the wooden fence along the edge of her garden began bowing and part of it collapsed at the end of last year.
The remainder of the garden was held up by a tree root.
Now, Miss Winfield says the builder has returned and caused further issues.
She said: “He came back a couple of weeks ago and has gone up and dug where the fault line is.
“It seems to be collapsing more every day now. We have got my house, a little patio, some grass then it’s gone.
“The land has fallen away and it’s a sheer 9ft drop from the edge of my garden.”
According to planning records, an agent from ET Planning sought permission to build a three-bedroom home on the land near Ms Winfield’s home in November, 2021.
A decision notice was issued in July 2022 which approved the plans if the developer adhered to a number of different conditions.
Work began in August when a builder dug land near the end of Miss Winfield’s garden – and caused the fault line.
The mother has been unable to identify who is actually responsible for the development.
What are your rights?
NEIGHBOUR disputes are common and can be tricky to resolve, but it's possible to come to an agreement.
Your first step should always be to have a conversation with your neighbour if you can.
It’s better to see if it can be resolved quickly and in a friendly manner before you escalate the situation.
Check what your boundaries are and whether your neighbour’s permitted development rights fall.
The boundary between properties will also determine if there is to be any encroachment.
However, if there is any damage you could ask them to cover the cost of fixing it.
If this doesn’t work, you can report them to Trading Standards or consider taking legal action.
Make sure you keep a record of the damage by taking photographs, as you may need to prove your claim against either the builder or your neighbour.
She added: “My daughter was supposed to have her third birthday here in in the garden in early June but now we have to cancel.
“I have not been able to use that part of my garden since August. It’s unbelievable.
“We have called the police to register it as criminal damage. That’s a very difficult thing to claim against someone whose name we don’t know.
“It’s very difficult what we are trying to do.
“It’s a 9ft drop from the edge of the garden. That used to be my vegetable patch.”
She continued: “Nobody wants to take any kind of responsibility.
“The council planning are saying it’s not them, the building control are saying it’s not them, the private company are saying it’s not them.”
Miss Winfield said she spoke to the builder and he told her “You have to crack eggs to make omelettes”.
NEIGHBOURS AT WAR
Worst UK neighbour rows from 'Monster mansion' that looked like Travelodge to 'chapel-like' window
THERE’S nothing worse than moving into a new home only to realise you’ve moved next door to the neighbours from hell.
These Brits found themselves in arguments with their street over anything from wildly decorated gardens to flouted planning rules.
Here’s a few of the best:
‘EYESORE’ DINOSAUR
A DAD’S efforts to keep his son happy left his neighbours fuming after he installed a 10ft T-Rex model in his front garden.
It was made worse by the luminous blue shipping container it was placed on top of.
“Why on earth can’t he plant a bed of daffs (daffodils) in his front garden, like anyone else would?” one neighbour asked.
“Even a few garden gnomes would look better.
“I mean, let’s be honest, it’s not really appropriate for a garden in Bristol.”
HELMET TREE
AN OAP has vowed to next chop down his 30ft tree even after neighbours slammed the helmet-shaped greenery.
Peter Davis, 72, says his massive cedar dubbed ‘The Big Fella’ has been the talking point of the Norfolk town for decades.
And while many love it – and tourists stop to snap pics – some think it’s an eyesore.
That’s because the tree in Wymondham has been chopped so vehicles driving by don’t hit it – and it now looks like a massive helmet.
Peter, a former company director, said: “The tree has become part of the local landscape – everybody knows about it – especially bus drivers who have to avoid it.”
CHAPEL WINDOW
HOMEOWNERS were embroiled in a row over a “church-like” window included in a neighbours extension.
The 10ft high first-floor window looks straight into their neighbours’ properties.
Plans show it will be for Mark Waddilove and Helen Fitt’s new master bedroom suite.
Miss Fitt is said to have told neighbours in Colehill, Wimborne, Dorset, she plans to practice her yoga there.
But residents Rob and Margaret Langdown say they were blindsided by the development and have accused officials of failing to put up planning notices in their road ahead of granting it permission.
The mother said he also threatened to just put a caravan on the patch of land if she continued to complain.
Miss Winfield believes a “group effort” is needed to confront the problem and said “there’s got to be some legislation”.
“It’s just really frustrating,” she said.
“We are trying to read different things, we are quite stressed, it’s really time consuming.”
ET Planning said they have not been involved with the physical works on the site, and are unaware of any issues regarding the grant of planning permission itself.
They said: “Subsidence in general would be a matter for building control to address under separate regulations rather than an issue that planning would address.”
Southampton County Council said the matter is a civil matter between the two properties and is not within the authority of the council.
In a statement, a council spokesperson said: “Works have been undertaken by the landowner to clear vegetation from the site to maintain its appearance, which does not require consent.
“The planning permission does include the requirement for a retaining wall on the boundary, and this must be implemented if the development is to go ahead.”
It comes just days after neighbours were up-in-arms over a picturesque cottage being bulldozed and replaced by an “enormous black shoebox”.
Last month, a couple were ordered to demolish their £80,000 extension and pay £200,000 in lawyers’ bills because it was two inches too close to their neighbour’s house.
In January this year, neighbours living on an “unbelievably claustrophobic” estate have slammed a developer after homes were “built 2m too high”.
