Council accused of breaching human rights

Dec 16 2009 By Russell Butt

Annika Boeckar

A COUPLE claim Runnymede Council has breached their human rights after granting a planning application they say will compromise the 'privacy and enjoyment' of their home.

Film producer Ray Gillon and his wife, Annika Boeckar, live at Kenwolde House, off Callow Hill, Virginia Water. They claim that an application for a part one, part two storey extension at the rear of their neighbour's home, which was granted by council planning chiefs last Wednesday (December 9) breaches their right to privacy by being 'overbearing and claustrophobic'.

Mrs Boeckar, spoke out in objection at the meeting of the council's Planning Committee at the Civic Centre, Addlestone, expressing concern over how the case was handled and claiming the case officer had not even visited their property, which is attached to the applicant's property, Kenwolde Court, prior to the application being heard.

Speaking after the meeting, Mr Gillon, said: "I emphatically feel that our human rights have been run over. There is a lack of balance in this process somewhere and we just can't work out what it is."

The couple were concerned a rare redwood tree in their neighbour's garden could be destablised by the extension, but are more upset that a trellis-lined pergola which borders two sides of their neighbour's garden, had been referred in the agenda as 'a passageway'. The household use the space, which would be in full view of the proposed building, as a summer patio where they regularly cook and sit to eat and relax.

Mr Gillon added: "It's the only entrance way to our garden so we use it all the time. We just felt a lot of the wording in the report was demeaning and belittling to us and our property."

Speaking at the meeting, Mrs Boeckar claimed that under the European Convention of Human Rights, the council was breaching articles, 1 respect of rights, 8, privacy and 17, abuse of rights if it granted the plans.

Head of Law at Runnymede Council, Mario Leo, said: "Confusion sometimes exists when people consider the issues of privacy and overlooking in the area of planning. There is no legal right to not have your property overlooked.

"A balancing act has to be undertaken when considering a proposal to also balance the right of the person seeking planning permission to enjoy their land. Thus a person cannot automatically be prevented from developing their land merely because a neighbour does not like the proposed development.

"The report prepared for the Planning Committee addressed these points in the agenda, but the fact that members did not expressly discuss the issue of Human Rights during their consideration of the item does not mean that they did not consider them."

The applicant, Mr Paul Turner, has lived at the property for three years but fell out of contact with his neighbours following the submission of the application earlier this year. Speaking at the meeting he explained the extension was to make more space for his recently born twins, and said that every effort had been made to consider their neighbours, including showing them the plans when first drafted, but they had received no negative comments at the time.

The committee voted unanimously on the night to follow their officer's recommendations to grant the proposal.