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The right to peace in your home? You must be joking
• BEST of luck to Michael Foot in taking on the developers (Labour’s old warhorse Foot takes on developers, August 14). However, he is likely to get a shock if he actually believes there is such a thing as a right to peace and privacy in his home.
The planning laws and policies simply favour developers over the rest of us to such an extent that, in practice, article 8 of the Convention for the Protection of Human Rights (incorporated in UK law by the Human Rights Act 1998) which grants the right to respect for private and family life, home and correspondence is made totally meaningless.
Take our example. In 2001 a developer got planning permission to build four penthouses in lofts. The usual story – eight rejections in total and then “the man from Bristol” turned up. He promptly dismissed most of the residents’ and councillors’ concerns (in our opinion incorrectly) and, although he did note there were problems with gaining access to the proposed flats, he said he did not regard these “as being insuperable” and that they would need to be “dealt with outside the planning system” (although he did not offer any suggestions).
The whole thing has been a disaster for residents. Work started in November 2006 and was supposed to last between 45 and 52 weeks. Well, 92 weeks on, “the works” are still going on, although there is no visible sign of progress. Whole new blocks of flats have been built in less time just a little further down Finchley Road.
In April 2007 a Barnet planning officer advised that in his opinion the planning permission had not been implemented but as no external works had been carried out there was no breach. Well, to this date no external works have been carried out (although a couple of holes in the roof have been made) but the “works” – banging, drilling, hammering, knocking down walls – have continued.
Our flat is right in the middle of this development and we have resigned ourselves to suffering some disruption. We have been told we must tolerate the noise, the scaffolds, the loss of light, the loss of amenity (we cannot use the balcony outside our flat because of the builders).
More recently, we have suffered water penetration, cracks in the ceiling and along the walls, holes in the ceiling with rubble and dust falling down and light fittings crashing down from the ceiling due to banging and vibrations. We have complained to the landlord but so far without result.
Our neighbours in the other top-floor flats have also suffered cracks in their ceilings. People on the ground floor have lost light due to the fence around them and the only view they have is that of a pile of rubbish. But does anybody care?
All that building control can say is that “building can be disruptive”. Planning enforcement suggests we should sue the owner and the planning inspectorate tells us to go back to the council.
How is that for peaceful enjoyment of our home?
So, the best of luck to Michael Foot and the others concerned but don’t get your hopes too high.
BARBARA and DOUGLAS GARDENER
NW3
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