Homes blocking out sunlight Tremena View estate in St Erth

Neighbours of the new development have the backing of former and current MPs as well as their local councillor.

The house is part of the new Tremena View estate in St Erth.

Nearby residents don’t have a problem with the rest of the estate, built by Gilbert and Goode, but they do question planning permission being granted by Cornwall Council for the property nearest to their homes. 

Lynnette Sullivan at her garden window with the new house next to her garden fence (Image: Lee Trewhela / LDRS)

The property is situated directly behind a row of houses at Boscarnek, whose residents are up in arms about the imposing house which they say overlooks their homes, makes it impossible to use their gardens and is blocking out sunlight.

Farah Bell says she doesn’t even feel comfortable sitting in her lounge as the windows from the new house look directly into her home. “It’s terrible for all of us, but I’ve got the worst for overlooking. I’ve lost privacy in the whole garden. It’s shocking. We’ve all lost our privacy.

“We’ve all complained. The council said they sent a letter out about it on December 16, 2021; none of us received it or any bit of public consultation from the council or Gilbert and Goode. Nothing.

“They say we didn’t put in any objections. Yes, because nobody knew it was happening. I’ve found documentation which says it was supposed to be a bungalow but it was changed to a house; again with no public consultation.” 

She says she is appalled that no one from the council has actually visited the site to look at the house in question, despite the neighbours’ concerns.

Both the council and Gilbert and Goode say residents were notified by letter and the planning application was publicised locally.

Farah added that the area’s former Conservative MP, Derek Thomas, had visited. “He said it shouldn’t have passed planning and was totally overbearing. I got in touch with local councillor John Martin immediately and he said it was unbelievable and shouldn’t have passed planning.

"When Andrew George was campaigning in the village, I got him to have a look and he said exactly the same. Everyone in hierarchy is saying it shouldn’t have passed planning but no one’s doing anything.

“The council has told me the matter is closed and if I’m not happy to go to the Local Government Ombudsman – everyone is washing their hands of it.”

Farah, who has set up a petition calling for Cornwall Council to take action, has received an email from the local authority saying her complaint was reviewed by Hayley Jewels, head of development management, and it has not been upheld.

She was told the council has a screenshot proving notification letters about the new development were sent to residents of Boscarnek in December 2021, despite the residents saying they had never received them.

Ms Jewels told Farah: “I understand that new development can appear striking when under construction, especially if there was no development there beforehand, and that the scaffolding and presence of construction workers can create a perception of overbearing and overlooking. However, I have reviewed the plans and the photos provided and I am satisfied that the planning decision is sound.

“The new buildings are positioned to offset from the properties of Boscarnek in the most part. Where offsetting has not been possible, the windows serve bedrooms or hallways which are not primary rooms for the purposes of planning, and this is considered to be acceptable in planning terms. Therefore, having reviewed the photos, I do not consider a site visit is necessary in this instance.”

Farah and her neighbours aren’t happy with this response. “We’ve all been totally sh*t on from a great height. What’s the point of the council? They can authorise this and impact all of our lives and yet they can’t reverse it. They keep going on about poverty … I’ve had my house valued since this and I’ve lost £50,000, which I have in writing, because of that house overlooking. I’m a single mum who bought this house to ensure my children had something, but it’s now lost its value.”

Her neighbour Lynnette Sullivan backs up what Farah says and has complained to the council “but they’ve not even come back to us”. Her bedroom window now looks directly across to the house, which backs on to her garden fence. “I’ve got Parkinson’s so I’m not supposed to get stressed, but this has come as quite a shock. They sprung it on us.”

We witnessed the sun coming out behind the new house, casting a shadow over half of a neighbouring property’s garden leading to a loss of light. “Surely everyone has the right to light,”added Farah. “The council should be there for us residents, not builders.”

Cllr John Martin, who represents Long Rock, Marazion and St Erth, said: “I became aware of the issue in May after Farah had complained, at a St Erth Parish meeting, about the building work on the new estate. I visited her on the following Sunday.

"My impression was that the building that had just been erected on the boundary was overbearing and having raised concerns with the planning department, I recommended that Farah make a formal complaint.

“I was also approached by Derek Thomas, as he had been canvassing in the area, to say he believed the build to be unacceptable. I am still awaiting the outcome of the complaint that Farah has made.”

Andrew George, the new Lib Dem MP for the area, told us: “I visited the site before the election. The ward councillor, John Martin, has been taking the lead and I’ll press for the proper upholding of the law in this respect. I’m visiting the site and attending a meeting later this week.”

A spokesperson for the local authority said: “Cornwall Council has carefully considered the concerns raised by residents in Boscarnek. The concerns raised around overbearing and overlooking were considered during the determination of the planning application in 2022, and the position of the properties are considered to be acceptable in planning terms.

“Enforcement action cannot be considered where the development has been carried out in accordance with the approved plans. Any concerns that the development is not proceeding as per the approved plans can be reported through our website.”

A spokesperson for Gilbert and Goode said: “We are providing much-needed affordable homes for rent and shared ownership in St Erth to help local people with housing. We’re sorry to hear that a neighbour of our development at Boscarnek has some concerns about the proximity of a property.

"We held a public consultation from November 2021 about the revised plans for the development and provided plenty of time and opportunity for feedback on the changes. The local parish council also published details of these changes and how to comment on the plans.

“An up-to-date site map and planning information was included in the consultation documents showing clearly the site’s layout. The planning application was approved by Cornwall Council.

"Neighbouring properties to the development were informed by letter about the planning application, as well as all the information being available online to be viewed at any time.  We are always here to speak to and welcome feedback, as being part of the community is important to us at Gilbert and Goode.”

St Erth Residents Association is holding a meeting in the church hall at 7.30pm on Thursday, August 8, to discuss another possible Gilbert and Goode development on land behind the village school as there are concerns among many in the village about further development.