A family has fought developers and won after new homes were built towering more than eight feet above their own, leaving them with ‘zero privacy’.
Clare Frewin, 40, was left stunned when she realised six houses were being built way above what was agreed at planning stage, at the back of her Bures home in March 2017.
Two of the six homes in the new development estimated to cost around £2.5million, named Apple Tree Mews, grew taller and taller until they began to resemble ‘a ship coming into port,’ she told MailOnline.
The six new builds were erected taller and closer than expected by neighbours with two now standing 8.5ft (2.6m) higher than their neighbours – and one being closer than planned – by nine feet (3m), a survey by an independent surveyor revealed.
Clare and husband James, 42, who live with their three children in a grade II listed home on the Essex border with Sussex sought help, but were hit with a wave of council officials and authorities who ‘just did not seem to care’.
Apple Tree Mews continued to grow on the 0.8acre site of a former slaughter house, despite complaints from neighbours.
The developer has argued the residents and the council have ‘misunderstood’ home building and the development is perfectly legal – but two of the homes could now be demolished after the council took the side of the residents.
The Frewin family in their garden where they watched the home behind them growing taller and taller until it was eight feet taller than planned
Neighbours had a catalogue of concerns from whether the land was contaminated to the size of the homes, sparking a furious row between residents and developers the Stemar Group.
Mrs Frewin said: ‘I just could not believe what was happening.
‘It soon became obvious the building height was way exceeding planning permission.
‘The site was not cleared properly and excavated earth and concrete was just spread around.
‘As a result, the ground height across the site was raised substantially and the houses have been positioned closer to our street, Cuckoo Hill, and closer to our property.
‘The first floor windows are the height of a three-storey building, just 26ft (8metres) from our kitchen windows and 13ft (4m) from our garden, which is extremely distressing.
‘Our children’s every move can be watched. Where they used to play freely builders could now look directly into our garden, our kitchen every single day.’

Before: The home was once in front of a slaughterhouse. Now, it is below six homes which have been built on the 0.8acre site

After: The new home (left) towers above the grade II listed Frewin residence (right) in the village of Bures on the Suffolk and Essex border
The six homes are on sale for around £425,000 each – making the entire development worth around £2.5million.
Original plans showed the homes at 11.6 metres from the Frewins’ boundary, in fact, the closest home is now 8.5 metres away, a Randall’s private survey showed.
Eventually, Babergh District Council opened a planning enforcement case opened in October after residents piled pressure on councillors.
On July 25 Babergh District Council Planning Committee voted unanimously to reject a retrospective planning application for the changes.
The case has been described as ‘complex’ by the council because the homes are already built, so much of the action they would usually take is redundant. A spokesman said two homes, plots five and six, ‘may be demolished’.
The developer admitted the ground height of one of the homes had been raised 1.7 metres above what had been agreed – because the homes have ‘underbuild’.
According to the developer’s legal team the council must exclude any build below the home which was necessary to level the ground – called underbuild.
Therefore, the difference from original plans is 0.75m, they said.

This plan shows the proximity of two houses which were built behind the Frewin residence. Plots five and six may be demolished

The land behind the Frewin home in October 2017 before the houses were built. The building site is 0.8acres

Six houses have been built but two plots were erected on land which was higher than suggested at original planning meetings. Because of this the houses are taller and two may be demolished
Unconvinced this was true, Mr and Mrs Frewin had their own survey carried out, paying for it themselves.
The total height difference of two of the six homes, including underbuild, is 2.6metres, a private firm found.
‘I think he just thought he would get away with it– because it was already built,’ Mrs Frewin said.
‘The rules are there for a reason, the decisions are made yet he just thought he could get away with it.’
After spending months fighting the new build and ‘feeling like a prisoner,’ the mother has emerged victorious.

Up they go: The Frewin family watched as the homes were built taller and taller above their garden

The family garden is now overlooked by homes which grew taller and taller and appeared to be closer than planned, according to the Frewin family. The developer denies any wrongdoing
Now, the developer has been ordered to bring the houses in line with what was agreed.
Mrs Frewin said: ‘It has been a living nightmare for our family.’
Online, the homes were advertised as being ‘situated perfectly within the highly desirable village of Bures St. Mary’.
The Frewin family have lived in their listed home for 12 years, in front of the site of the former slaughterhouse.
James Cartlidge, MP for South Suffolk, took the issue to Parliament as he insisted there is a ‘loophole’ in retrospective planning which developers use to get what they want.
The MP said developers are causing ‘great distress’ to people, knowing they can get away with building first and applying later.
Building works began in March 2017 and finished recently. Some of the homes are already sold subject to contract, it appears online.
However, the Frewin family and their neighbours are overjoyed at the prospect of ‘getting our privacy back’.
Mrs Frewin said: ‘This decision is huge for us and our neighbours affected by the development.
‘Neighbours are overshadowed by the houses and have lost their privacy.
‘We have 10 windows looking down into our home and garden.
‘With enforcement action to change the position and height of the houses there is the potential to give us and our neighbours back our privacy.’

Almost done: The houses are built on a raised site above the family home, images have shown. However after the council’s planning decision two homes could have to be demolished

The finished property: The Frewin family garden is now overlooked by ten windows. Two homes were built 2.6metres taller than expected, a private survey showed

Victory: Village residents are overjoyed after the council said they will take enforcement action

The homes for sale on Apple Tree Mews are now showing as sold subject to contract on estate agent sites

The Frewin family garden is now underneath a large house which was built taller than planned but the developer has said they are ‘perfectly legal’ as the council considers ordering them to be torn down
Stemar Ltd will not appeal, their legal representatives said, but will instead apply for a a certificate of lawful development which will prove the houses were built in line with national planning law.
If this is given the houses will remain – but if not, the lawyers will appeal – they said.
Planning barrister Kevin Leigh said the council and residents have not accounted for ‘underbuild’ which means the houses can be taller when built on sloped land which must be levelled.
He said: ‘The height of the homes accords with the heights scaled off the approved drawings. What has confused the council and residents is that the site was severely sloping in several directions.
‘Therefore the lawful planning permission which affects everything inside the red line of the consent allows the buildings to be built as they have been built. There is nothing unlawful about them.’
Cllr Peter Beer, Chairman of Babergh District Council’s Planning Committee, said: ‘This wasn’t a decision made lightly.
‘After long discussion the Committee unanimously agreed to refuse permission: the changes being requested were too great a departure from the original permission in 2015, and the work done already too great a breach of that permission.’
The Stemar Group has been asked for comment.