'No authority or respect': Neighbours on a leafy Walsall street out speak out as planning enforcement ‘ignored’ claiming they have lost their privacy

Neighbours on a leafy Walsall street say they have lost their privacy after a home renovation strayed from its approved plans, and enforcement notices were ‘ignored’.

In 2021 plans were approved by Walsall Council for an extension to a residential home at 135 Skip Lane.

But in June 2024 Walsall Council issued a Breach of Condition Notice (BCN) to the homeowner as the work failed to comply with ten aspects of the original plans.

They included the relocation of the front entrance, an additional window, the relocation of doors opening out onto the first floor balcony, as well as an additional door.

Neighbours welcomed the notice, claiming the breaches, especially in relation to the balconies, had left them with no privacy in their bedrooms and living rooms at the rear of their homes, or their gardens.

The BCN ordered the homeowner to demolish all works that did not comply with the approved plans within four months, but neighbours say the notice was ‘ignored’.

After the deadline passed in October, residents on Skip Lane wrote to the council on many occasions.

Neighbours Rita Garbett and Sarbjeet Padda went through the council’s complaints process over the handling of the case.

They said responses, if any, provided little reassurance that their privacy would be reinstated.

In December, the council’s enforcement team wrote to the homeowner outlining four actions which should be carried out to ‘mitigate planning harm’.

But the neighbours said the wording was open to interpretation and even if they were actioned, it would not reinstate their privacy.

The neighbours even hired a surveyor to review the works, who found there was also breach of a 45 degree line of sight from the living room of the next door property.

Now, the homeowner has a live retrospective planning application to get the new building work approved by the council.

It’s the second time retrospective plans have been submitted, the first was in 2023. But that was refused by Walsall Council because it failed to reflect the correct plans.

Both Rita and Sarbjeet have lost confidence in the council and have taken the matter to the ombudsman.

Rita said: “It sets a dangerous precedent where individuals can ignore approved plans and conditions, or even not bother submitting an application knowing no enforcement action will be taken.

“If planning permission is treated as a guideline or discretionary rather than a requirement, what prevents future disregard for the environment, conservation areas or neighbours’ privacy?

“To issue a Breach of Condition Notice and advise that all breaches need to be demolished, and then take no enforcement action, is unacceptable.

“The risk is the council will now approve retrospective plans, despite the breaches. The only acceptable action is enforcement and demolition of all breaches impacting the environment and neighbours.”

Three other neighbours, who wished to remain anonymous, have also shared their frustrations with the Local Democracy Reporting Service.

One of them said: “When a planning officer first visited the property, a list of sanctions was given to the owner, outlining all the breaches and necessary changes required.

“To our astonishment, the council later backtracked and issued a revised list containing only four points, which failed to address any of the initial major breaches identified.

“We will only be satisfied with the demolition of all breaches clearly stated in the original Breach of Condition Notice”

Another neighbour added: “The council’s lack of enforcement shows no authority or respect for the process, and it sets a worrying precedent where anyone can ignore planning permissions, notices, and neighbour concerns with no consequences.”

The final neighbour said: “The homeowner has blatantly disregarded the permissions granted and the notices served, while the council’s inaction has left the residents of Skip Lane feeling ignored and unsupported.”

Walsall Council reacts to the complaints about the planning application

A spokesperson for Walsall Council said: “We remain committed to taking action on the most harmful breaches of planning in Walsall. In this instance, following a detailed review of the case, we are continuing to seek to address a small number of areas of non-compliance that we consider remain harmful.

“In this spirit, and with a view to trying to regularise these key issues, we are giving this due consideration within a current planning application submitted by the owner.

“All representations made by residents will be taken into consideration in the planning application along with an assessment of any amenity impacts in accordance with local and national planning policy and guidance.

“We have maintained communication with relevant residents throughout our investigation and have provided comprehensive responses to the mentioned formal complaints. We are unable to offer any further comment on the complaint at this time given it now rests with the local government ombudsman.”