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Old 06-06-2014, 10:21 PM
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Join Date: Jun 2014
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Default Dog Outbuilding in neighbour's garden - allowed by Taylor Wimpey

Hi - I am hoping someone can help me as I am now at the end of my tether with this issue....

I have recently purchased a new build property (my first home which I’ve invested all my savings into) from Taylor Wimpey on the Knight's Park development in St Neots, Cambridgeshire. Approximately one week after moving into our property, we opened our curtains to find the a huge dog outbuilding (I call it this because the term kennel doesn’t do it justice) in the next door neighbour’s garden. The dimensions of the building are 3.66m x 4.57m and it is approximately 2.5m tall. They have been very clever in that all of the dimensions are exactly up to and within the required limits to allow them to bypass planning permission from the council, although it does take up practically half of their garden. It looks like it has been designed to cage bears with huge floor to ceiling bars across the front but in fact it is for 3 Springer Spaniel dogs which are left outside day and night.

This monstrosity is not only an eye sore which will without doubt dramatically reduce the value of my home, it is also causing nuisance and disturbance with the dogs barking day and night. I have spoken with Taylor Wimpey and they have confirmed that permission was not sought prior to the erection of this building. Whilst the building is within planning permission regulations, it is not compliant with the various clauses in Taylor Wimpey’s own deeds, as advised by my solicitor –

“I confirm I have forwarded details of the kennel together with your photograph to Taylor Wimpey's Legal Department and I have pointed out to them the specific clauses in the Transfer Deed which appear to have been breeched. In particular, the developer's consent must be sought for any buildings to be erected on the property together with any alterations. Whilst the kennel is within the guidelines for permitted development for planning permission, the developer's consent nonetheless is required. Also, you have experienced nuisance, annoyance and disturbance through this and this is another clause which has been breeched.

I confirm I have asked Taylor Wimpey to approach the property owners and explain to them that conditions have been breeched and they must remove the kennel from the property.”

The response I have had from Taylor Wimpey states that they cannot enforce the removal of the building, only perhaps have it downsized. This however will not solve the problems caused by the noise. The relentless barking and howling, which due to the positioning of the dog building directly hits our house, including the master bedroom and lounge, has driven us to leave our own home on several occasions. This is causing me immense distress and I am now at a point of feeling hopeless. We are unable to spend time in our own garden, let alone have people round for sociable evenings because the dogs just go crazy, barking constantly.

From the advice provided by my solicitor, I believed that Taylor Wimpey should be able to take forcible action in terms of having this removed. Nobody at Taylor Wimpey seems to be taking this issue seriously and I am now at a point of feeling like I have nowhere else to turn.

Does anyone have any advice please? We have started the process of noise complaints with environmental health but this won’t get the thing removed and will be such a lengthy process.

Please help!!!

here is a link to some youtube videos i have taken to show exactly what we are having to deal with on a day to day basis
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Old 29-11-2014, 10:47 AM
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Posts: 1,292
Default Re: Dog Outbuilding in neighbour's garden - allowed by Taylor Wimpey

If noise is a problem, then it's your local council environmental health you need to speak to.
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Old 19-01-2015, 08:34 AM
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Default Re: Dog Outbuilding in neighbour's garden - allowed by Taylor Wimpey

"Who let the dogs out?
who who who who"
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Old 21-09-2015, 05:04 PM
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Join Date: Sep 2015
Posts: 2
Default Re: Dog Outbuilding in neighbour's garden - allowed by Taylor Wimpey

I would perhaps suggest asking your solicitor whether you have a potential claim in the tort of private nuisance, as an unreasonable interference with your enjoyment of your land and property (you would have to demonstrate that the excessive barking is a regular and frequent occurrence). I'm only a law student, not a qualified solicitor yet but this is the first thing that came to my mind.
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