A Dartmouth holiday-home owner whose cottage has had its first floor windows blocked by a neighbour’s building project has won a High Court legal battle.
Emma Newey, the owner of the cottage, has been contesting South Hams District Council’s decision to approve a construction method statement (CMS) granted to her neighbours, who are building a new property on their land.
The effect of the CMS is that plywood-enclosed scaffolding and conveyor belts have been built centimetres away from Newey’s first floor window, blocking the only source of natural light. When operated, the conveyor belts produce a sound that could be in excess of 75 decibels, which is enough to cause hearing impairment.
Newey says that the building project, which is due to last 60 weeks, is making it difficult for her to rent the cottage out as a holiday let, and affects her “quiet enjoyment of her property”.
In a ruling today, judge Mr Justice Garnham backed Newey, and said that the council erred in its obligations by not publishing its reasons for approving the CMS.
The council previously handn’t considered it necessary to prepare rents on so-called Discharge of Conditions applications. However, Newey’s lawyers successfully argued that it was a breach of the Openness of Local Government Bodies Regulations 2014.
The judge said he would hear more arguments about what should now be done, but said it would probably be necessary for the CMS to be quashed.
Emma Newey v South Hams District Council
Administrative Court (Garnham J) 27 July 2017
