A property developer has lost an appeal against an order to demolish an illegal six-foot wall that blocked a family's sea view and reduced their home's value by an estimated £50,000. The 16-foot-long brick wall was constructed without permission as part of a 27-apartment luxury development in the Southbourne area of Bournemouth, Dorset.
Planning inspector David Kay ruled that the wall would have a "harmful overbearing impact" on the adjacent property owned by Liz Bates. Kay also noted that the associated roof terrace on the new apartment "far exceeded what could be reasonably described as modest" and raised concerns about "overheard conversations."
BCP Council had initially refused retrospective planning permission for the wall in February. Vivir Estates, the developer, then lodged an appeal with the Planning Inspectorate. The appeal followed resident anger over the main development, which consists of two and four-storey blocks built on a former council car park. This development was approved on appeal after the council had twice refused the initial planning applications, despite 1,500 local objections.
Vivir Estates argued that the wall was necessary to prevent "mutual overlooking" between the new apartment and Mrs. Bates' balcony. The company's consultants stated that approved plans showed extensive glazing allowing for overlooking and that the privacy wall was constructed to remedy this, forming a "modest roof terrace."
However, planning inspector Kay concluded that the appeal development was contrary to the development plan and that no material considerations justified approving it. He dismissed the appeal, meaning the wall may have to be demolished.
Residents had previously expressed frustration with the developer. Mrs. Bates stated that Vivir Estates director Eddie Fitzsimmons had "gone against every word and promise he has told the local residents" and accused the company of ruining the lives of about 100 residents.
Mrs. Bates described the appeal outcome as a "huge sense of relief" and urged BCP Council to take immediate enforcement action. She expressed that while the appeal victory was a relief, the situation would not feel fully resolved until building work ceased. She added that residents had felt they had to fight to ensure the planning system was respected.
BCP Council stated that it would not comment on potential enforcement action or specific timescales, citing that it was a live investigation. The council indicated that any further action would be considered in accordance with national planning policy, the relevant statutory framework, and its adopted Planning Enforcement Plan.
Vivir Estates has been approached for comment regarding the unsuccessful appeal.