My neighbour’s newbuild blocks sun & makes it impossible to use garden – we had no warning so now I’m fighting council
THOSE living in a quiet cul-de-sac have been left fuming after a huge housing development sprung up next door.
Neighbours say the new build, just yards away from their homes in Boscarnek, St Erthare, blocks out the sunlight, leaving them shrouded in darkness in their own gardens.
Neighbours have claimed they received no warning the Tremena View estate would be built so close by. Something Cornwall Council denies.
Farah Bell told Cornwall Live she now feels exposed sitting in her living room, adding that her house has lost £50,000 in value.
She added: “It’s terrible for all of us, but I’ve got the worst for overlooking. I’ve lost privacy in the whole garden.
“It’s shocking. We’ve all lost our privacy.”
The once sunny cluster of houses has now been plunged into the shade thanks to the development only a few feet from their homes.
And the new houses’ windows overlook current residents’ gardens, making them feel uneasy while spending time there.
Locals don’t mind the rest of the estate, it’s just the property nearest to their home they’ve questioned.
Farah was sent an email from Hayley Jewels at Cornwall Council claiming she “understands the building can appear striking when under construction”.
The email added: “I have reviewed the plans and the photos provided and I am satisfied that the planning decision is sound.”
Farah’s neighbour Lynnette Sullivan told how the newbuilds came as “quite a shock”.
A spokesperson for the local authority said: “Cornwall Council has carefully considered the concerns raised by residents in Boscarnek.
“The concerns raised around overbearing and overlooking were considered during the determination of the planning application in 2022, and the position of the properties are considered to be acceptable in planning terms.
“Enforcement action cannot be considered where the development has been carried out in accordance with the approved plans. Any concerns that the development is not proceeding as per the approved plans can be reported through our website.”
A spokesperson for Gilbert and Goode said: “We are providing much-needed affordable homes for rent and shared ownership in St Erth to help local people with housing. We’re sorry to hear that a neighbour of our development at Boscarnek has some concerns about the proximity of a property. We held a public consultation from November 2021 about the revised plans for the development and provided plenty of time and opportunity for feedback on the changes. The local parish council also published details of these changes and how to comment on the plans.
They say we didn’t put in any objections – yes, because nobody knew it was happening
Farah Bell
“An up-to-date site map and planning information was included in the consultation documents showing clearly the site’s layout. The planning application was approved by Cornwall Council. Neighbouring properties to the development were informed by letter about the planning application, as well as all the information being available online to be viewed at any time. We are always here to speak to and welcome feedback, as being part of the community is important to us at Gilbert and Goode.”
Housing developer Gilbert and Goode was granted planning permission to build the properties by Cornwall Council after residents were consulted in 2021.
What are your legal rights?
Estate agent Petty Son & Prestwich have previously shared their tips on what your rights are if a neighbour is complaining about you blocking their sunlight.
According to their guide, your neighbour might be able to get your tree cut back if it is blocking light from passing through a window or glass door in your property.
Under the Rights of Light Act, if a property has received daylight for the last 20 years, it may be entitled to continue to receive that light.
However, Chun Wong, head of the dispute resolution team at Hodge Jones and Allen solicitors, points out that the right is to “daylight” and not “sunlight”.
“This is usually restricted to one foot of candlelight. There is also no right to a ‘view’,” she explained.
“If you do have a right to light which is being adversely affected by large trees, then you may be able to apply to the court to restore your right or get an injunction to prevent interference with your right.”
