We can’t sell our home after neighbour demolished house without permission in extension row – buyers hate ‘eyesore’
ANGERED residents have told they can’t sell their home after a neighbour demolished his house without permission in an extension row.
Homeowners in Oldbury, West Midlands, are trapped in a three-year feud with their neighbour after he bulldozed his house to build an extension.
Harminder Singh Reehal was given initial approval for a series of extensions in 2021.
But he took matters into his own hands after his bid to construct a two-storey extension was repeatedly denied.
It’s an absolute eyesore and bringing down the whole area which had been reduced to a building site.
A Barnfordhill Close resident
Sandwell Council’s planning committee had been due to the decide on the latest proposals for his unauthorised family home at a meeting this week.
However, the meeting was scrapped after Mr Reehal had bulldozed most of the house already with only one of the walls still intact.
Now, residents claim the once quaint Barnfordhill Close is marred by an eyesore.
Samantha, a resident facing the “unsightly” mess, said she is unable to sell her home, which has been on the market for a year.
The homeowner said: “It’s been horrible. Just look at it. I’ve lost count now but it has been in that state for a long time.
“I’ve actually been trying to sell my own house and when we have house viewings, the potential buyers always mention it. It’s made it hard to sell our houses.
“It’s definitely had a negative effect on us all.”
SINKING FEARS
Other residents raised concerns over the structural integrity of neighbouring properties.
Many are fearing potential subsidence due to the construction work carried out by Mr Reehal.
Another neighbour, who didn’t want to be named, said: “I’ve only lived here for about a year, we actually bought this house to be closer to my partner’s family.
“It’s not great. It’s actually damaged my wall on the side and we are concerned about the possibility of subsidence because it looks like they have done work to the floor.”
How to appeal and win if your home extension is rejected
EXTENSIONS are a great way to improve your home and save money - as building out is often cheaper than moving.
But any building works can quickly create problems with your neighbours if you don’t stick to the rules.
Andrew Cann, director of Planning Direct, a planning consultancy based in the East of England, said there are ways to appeal if your initial application for an extension is rejected.
Here’s what you need to know:
How do you actually appeal?
In order to appeal, you’ll need to prepare a Statement of Case.
This is a document setting out why you believe the extension should be granted in planning policy terms – an expert can help you with this, but they will charge.
This is sent along with an appeal form to the Planning Inspectorate.
This is a government body independent of your local council, which will check whether the planning authority which refused you was correct to do so.
There is normally no fee to submit a planning appeal to the Planning Inspectorate.
The main cost is the fee you’ll need to give a consultant or solicitor to prepare and manage it on your behalf – the amount will depend on the case.
How do I win my appeal?
The truth is, there is no guarantee to winning your appeal – and you should be wary of any solicitor or consultant that promises you a victory.
“Any one consultant who says an appeal will definitely be won should be avoided” said Andrew.
That said, there are some tips that can help you on your way to a win.
“Take a look around – if other nearby homeowners have made similar changes, the chances are you will win,” said Andrew.
Another thing to look out for is that your application may have been refused on a technicality or just because of a missing detail.
“Sometimes it is worth re-applying with a modified version if the council only wants small changes. A re-application is free within a year of the first refusal,” said Andrew.
But if an appeal is mishandled and refused this can “blight” the property and you will not get permission in future.
There are some challenges when you are looking to appeal.
You must establish that the extension complies with local planning policy and importantly does not harm others.
Fellow resident David Summerhill labelled the ongoing row “ridiculous” and urged the council to take action.
He added: “Just look at it, it’s been that way for a good while now. What more can you say? It’s ridiculous.
“Something needs to be done about it. It’s unsightly. It’s been going on for three years now.”
Another local resident, who wished to remain anonymous, slammed: “It’s an absolute eyesore and bringing down the whole area which had been reduced to a building site”.
FAMILY CONCERNS
Mr Raheel apologised to neighbours after a Sandwell Council’s planning meeting took place last March 27.
In the meeting, he said: “We just want to improve the area and get on.
“It’s a family house, my mom and dad are supposed to come in and that’s why we want to extend the house. I just want to look after my mom and dad.”
His proposals included a first-floor side extension, single-storey side extension and two-storey rear extensions.
When he told the committee he had demolished all but one of the walls on the old building, the council’s solicitor advised for an immediate deferral.
He said: “From what the applicant has just said, he has pretty much demolished his original building in which case it puts into doubt the 2021 permission and also puts into doubt everything you are reading tonight.”
Councillor Ellen Fenton added she was “very uncomfortable” deciding on an extension for a “complete new build with one external wall from an old building.”
Sandwell Council’s planning officers claimed the works would have no impact on surrounding homes.
A planning officers report added: “Whilst the unauthorised extensions and removal of the former verge is regrettable, the proposal builds on the principles set in the previous approval and seeks to rectify wrongs with a reasonable scheme to address the visual amenity issues.”
Sandwell Council said Mr Reehal now has to resubmit another planning application for the two-storey extension.
A spokesperson told The Sun Online: “The applicant has been advised to withdraw the current planning application as the works at the property constituted a demolition and rebuild, rather than just an extension.
“The applicant has the opportunity to resubmit a planning application.”
How can I challenge a neighbour's development?
IF a new or existing structure is blocking light from entering your home, you have a right to challenge it.
The first thing you should do is have a word with your neighbour – they might not realise the impact it has on your home.
If they’re unwilling to reach an agreement, you have the right to take legal action – but bear in mind that this can be expensive.
First you could try a mediation service, which acts as a neutral third-party to help opposing sides find a compromise.
RICS has set up a Neighbour Disputes Service to negotiate agreements between homeowners.
If you decide to take further action, you’ll need to hire a professional right to light specialist who can assess the impact of the development.
If you raise the issue before construction starts, the need for natural light can be taken into account and avoid court action and solicitors.
But even if building work is finished, neighbouring homeowners can raise a right to light claim for compensation or alterations, so long as evidence is submitted.
If it gets as far as the courts judges can award either financial compensation or order alterations to restore natural light.
The amount of compensation available will vary depending on the situation.