Homeowner Battles Developer Over Illegal Sea View Wall

A homeowner in Dorset, Liz Bates, is locked in a dispute with developer Eddie Fitzsimmons over a 16ft by 6ft brick wall that illegally obstructs her sea views. The wall, built without permission in front of her home as part of a luxury apartment development, has reportedly diminished the value of her property by an estimated £50,000.

BCP Council initially refused retrospective planning permission for the wall, a decision that was upheld by a government planning inspector. Despite this, Fitzsimmons' company, Vivir Estates, has submitted a new application to replace the brick wall with an opaque glass screen. The proposed frosted glass would still block Mrs. Bates' sea view to prevent 'mutual overlooking' between the properties.

Mrs. Bates has criticized the developer's latest proposal, arguing that any permanent structure or terrace in that location is illegal and detrimental to her living conditions. She is urging the council to enforce the removal of the existing wall and prevent its reconstruction in any form. She is one of approximately 100 residents whose quality of life, they claim, has been negatively impacted by the development of 27 flats across four cliff-top apartment blocks in Bournemouth.

"It's like hitting your head against a brick wall dealing with this developer," Bates said. She expressed frustration that the developer is again seeking retrospective approval for a structure that was already advised against by the council during its construction. Bates emphasized the importance of the council considering the planning inspector's findings regarding noise and nuisance.

Inspector David Kay previously described the wall as having a "harmful overbearing impact" on Mrs. Bates' home and noted that the roof terrace associated with it was excessively large, potentially leading to significant noise and disturbance. He also pointed out the privacy concerns for Mrs. Bates, who occupied her property before the new development.

Vivir Estate's latest application suggests a substantially reduced roof terrace, no longer suitable for parties, and a 1.8m high obscure glass privacy screen. The company argues this screen would not have an overbearing impact and that the change in outlook, while present, does not constitute material harm in planning terms. They state the existing wall will be removed as part of the revised proposal.

The development, located on the former Southbourne Crossroads Car Park, has faced significant local opposition. Despite over 1,500 objections, previous planning applications for the site were approved after appeals, overriding the council's initial denials. Daily Mail has contacted Vivir Estates for comment.