Trees and boundary offer

Hello,

Ten new two story houses, six backing onto the side gable of my house, rear 2nd story windows overlooking my front garden, my ground floor gable side windows and my rear garden.

The plans submitted to the Co. Co. for the development outlined a two meter high wall on the common boundary but also indicated that the existing 10 meter high evergreen trees, which mark the boundary, should be retained.

I spoke to the owner / developer six months ago and made him aware of my concerns, in writing, in relation to the loss of privacy that would result as he wanted to cut down the trees. For my agreement I requested an increase in the wall height to 2.8 metes. He did not agree to this and I informed the builder not to touch the trees, next day the builder phoned me for a meeting and said that he spoke to the owner and said that I would get a 2.8 meter wall “if I have to do it myself”.

Well the trees are gone and I now have a 2 meter wall. The builder denies the offer he made and says we only spoke about the location of the wall. The houses are unoccupied – I assume unsold presently. I would like to know:

Have I any legal right to demand the increased wall height.

Could I erect a louvred fence to increase the overall height to 2.8 meters.

If I could erect the above fence could I legally claim the cost from the owner / builder.

If the plans submitted said the trees were to be retained, why were they cut down?

I don't suppose you have any agreement in writing?

Vanilla said:

If the plans submitted said the trees were to be retained, why were they cut down?

I don't suppose you have any agreement in writing?

Click to expand...

The trees were cut down with my agreement on the basis that the wall height would be increased by .8 meters, the trees were too high anyway and the increased wall height would have given a fair degree of privacy. No I have no agreement in writing but ar the time that the builder offered the extra height wall I said I wanted same in writing, he phoned me while I was away in work on the following Saturday to say he taking down the trees. I asked if he had the agreement from the owner / developer in writing he said "yes it is in the car" I never asked for it as the trees were down when I got home and I had no reason to beleive that he would not carry out his part of the deal.

If there's nothing in writing, then he has nothing to prove he has agreement for the trees to be cut down. Is he now in breach of planning permission?