Homeowner’s fury as council backs illegal wall blocking her sea view

Liz Bates says her life is being ruined by the ‘arrogance’ of luxury flat developers

Liz Bates on her roof terrace opposite the wall (BNPS)

A Dorset homeowner is furious after local planners backed an illegal concrete wall obstructing her sea view.

Liz Bates accused “unscrupulous” developers of “making a mockery” of the planning system while building luxury flats.

The 16ft by 8ft privacy wall, interrupting her Poole Bay view and devaluing her property by £50,000, was built without permission by Vivir Estates.

They later submitted a retrospective application to keep it, claiming they had done her a favour. The wall was necessary due to the new cliff-top flats' large glazing, which could lead to “mutual overlooking”, they said.

However, it also conveniently creates the potential for a roof terrace on the flat directly in front, raising its value.

Planning officers at BCP Council initially agreed with Ms Bates that the wall was “visually intrusive” and had a “materially harmful impact on neighbouring residents”.

The development in front of Liz Bates' house (outlined in red) (BNPS)

But after studying the developers' revised plans the officials are now recommending the wall be approved, despite dozens of objections to it.

Ms Bates, 42, was hoping that the council would make the developers take the wall down.

“My main concerns of this retrospective planning application have not been addressed properly, the concern for a roof terrace in that location in the first place,” she said.

“The previous planning application was not transparent and did not make any indication that the roof terrace was going to be relocated, bringing it directly in front of our house.

“So many locals feel this is going to set a very bad precedent for the rest of the development and feel it makes a complete mockery of the planning process.

“It is clearly not a democracy when every objection has been ignored, in favour of one person.”

Liz Bates' previous sea view before the development (BNPS)

Ms Bates, a property inspector from Southbourne, Bournemouth, said it made her “blood boil” the developers gave the impression they were doing her a favour by building the wall to protect her privacy.

“The pure arrogance of these people is really starting to ruin mine and my family's lives.

“We have suffered enough over the last few years with this ongoing battle and the fact that they just keep pushing more and more all the time seems particularly unfair.

“We were all very disappointed that BCP did not issue an enforcement order to make them remove the wall, until such time that he has full planning permission.

“I, along with all my neighbours, family and local residents will continue to fight these unnecessary and harmful amendments.”

The two and four-storey blocks of 27 flats are being built on a former council car park in front of 24 existing properties.

BCP Council put the car park up for sale in 2017 when it was underused but changed their minds and denied two planning applications for the site.

The development (left) and Liz Bates' balcony (right) (BNPS)

They were overruled after Vivir Estates launched an appeal and a planning inspector sided with them despite 1,500 locals, including Ms Bates, objecting to the plans.

She said: “We feel like we’re being forced out of our home.

“We would like to move but the estate agents have told us the house has lost so much value because of this development we wouldn't be able to, so we are trapped here.

“We are no longer going to be able to enjoy our outside space and we have lost a lot of natural light.

“Every time we look out of our front windows we see that huge brick wall.

“Everyone says 'these NIMBYs don't want to lose their sea views' but when you see the reality of how close that wall is you realise how overbearing it is.

“Parts of the development will be four storeys high so it is going to be an absolute monstrosity.

“We are sick to death of it.”

Builders overlooking Liz Bates' home (BNPS)

In the new application, Pure Town Planning, consultants acting on behalf of Vivir Estates, said: “During construction...the applicant identified that potential mutual overlooking could occur.

“The approved plans feature extensive glazing on the east elevation looking out over a flat roof.

“It is clear the approved plans allow for mutual overlooking between the [two flats].

“To remedy this situation, the applicant has constructed a privacy wall above part of the approved flat roof which also allows for the formation of a modest roof terrace.

“Given the minor nature of the proposed changes, the amendments to the approved scheme would not create any harmful impact on the character and appearance of the area or the privacy/amenity of any neighbouring properties.

“The resulting minor changes to the approved plans will continue to deliver a high-quality residential development at the site which is in same vein as the approval.”

Town planners, in their report ahead of Thursday's planning committee hearing, said: “The proposed amendments are minor and are considered acceptable on balance.

“The proposed changes do not result in any detrimental impacts over and above the approved scheme.

“The scheme would not be harmful to the character and appearance of the area, and will not have a materially harmful impact on neighbouring residents.”