A mum who can tap her neighbour's door from her bathroom has been told by the council the property is 'closer than it should have been'. But Niki Caira was left furious when the local authority confirmed it would be taking no further action.
As reported by the Daily Record, Fife Council originally said the building had been built to comply with the approved planning permissions. But the local authority recently confirmed to Niki that they have since discovered it has been built 4cm closer to the boundary than originally thought.
Aethetics practioner Niki immediately complained to the council after learning new-build luxury homes were going to be built next to her house in Thornton, Fife. Along with husband Mario, she objected to the planning application for the two £350,000 properties in 2020.
They were given the go-ahead by Fife Council in June last year. And when building work started in May, Niki said she felt like her family's privacy had been invaded.
She previously told the Record : "We have absolutely zero privacy now. I can't even sit on my toilet without worrying that I'm going to be exposing myself or that someone is going to be looking in at me or my children.
"I just have to open the window and I can actually touch my next door neighbour's house. It's ridiculous."
The local council has said, however, it is still within the degree of tolerance for the construction of new buildings. And therefore they will not be taking any further action.
In an email sent to Niki, Fife Council said: "I can advise that planning enforcement officers have visited the site and measured the location of the properties currently under construction, having done so we have determined that the closest property is 4cm closer to the boundary than the approved plans - the measurement is approved as being 1.3 metres and as built it measures 1.26 metres. This is well within the degree of tolerance for the construction of new buildings and we do not intend to take any further enforcement action in relation to that issue."
Fife Council's head of planning Pam Ewen told the Daily Record: "The council is content that the measurements taken meet the relevant planning and building regulations. Planning and building regulations have been followed throughout this build.
"Any boundary disputes are private legal issues for the parties involved to resolve. Land ownership is not related to the granting of planning permission. No enforcement action has been taken to date. However new areas of concern have been raised with us this week and we are looking into these."
Niki has lived at her home with her children, husband Mario and mum Mhairi for the last 16 years. She described it as their 'wee sanctuary' and their 'happy place', but says she now fears they will be forced to move out over concerns for their safety and lack of privacy.
Niki added: "We absolutely loved our home, but now I just feel stressed every time I look out of my windows. It's such a shame
because we were all so happy living here until now." Niki said the stress of the situation has caused her to lose two stone in weight, taking her down to 6st 11lbs.
Former chairman of Raith Rovers Alex Penman, whose company is building the properties, is now suing Niki for defamation of character, after claiming a comment she made on social media caused him to lose tens of thousands of pounds worth of business. The 70-year-old's lawyers served Niki with court papers last month.
They are alleging Niki made comments about Mr Penman on Facebook which attracted significant attention and as a result have defamed his character which has resulted in a loss of earnings, injury and damages to the total of £75,000. They claim the situation also caused Penman distress and embarrassment.
