Resident hits the roof over terrace garden

7:02am Friday 22nd October 2004

FORMAL action has been launched against Richmond upon Thames Council after a terrace garden was permitted on top of a flat roof.

Following 16 months of what she describes as 'procedure' Paula-Jane Reid has sent a stage one complaint to the council about the way her objection to a neighbouring development has been dealt with.

"The fact is they have not gone through the proper procedure," said Mrs Reid, who initially objected to the alterations in July 2003.

"The process seems clear. Why have a process if you don't have to follow it."

Mrs Reid's problems began when she noticed people on top of the flat roof of 134 Upper Richmond Road, East Sheen.

Initially she attempted to come to an arrangement amicably with the owner but when this proved unsuccessful she contacted the council.

Mrs Reid believes her property is overlooked by the terrace and is concerned about the sheer drop off the side of the roof which is only surrounded by a trellis.

The development also involved a window being replaced by a set of French windows for which Mrs Reid believes no permission was gained.

"To me this is invasion of privacy, unreasonable level of noise and totally and utterly dangerous," she explained.

An enforcement notice was served on the owner of the property requiring the terrace to be reduced in size and although this was complied with Mrs Reid remains unhappy and has complained once again to the council.

She was told the action had reduced the overlooking of her property to what "is reasonable in an urban setting" but she says: "It just created unnecessary and unacceptable overlooking, that was not in existence when I purchased the house."

In a letter outlining her stage one complaint to the council, Mrs Reid asks: "Why was an order served without the head of department visiting the property?

"Why did the order merely legalise what I wrote to condemn?"

A council spokesman said the enforcement action required by the notice "was the maximum required to overcome the harm caused and that the council could not reasonably have required the removal of the whole terrace."

He added that the formal complaint would be investigated.

Mrs Reid's complaint comes in the wake of mayor Ken Livingstone's call for Londoners to make more use of roof gardens and terraces.

He wants to see more rooftops used to grow plants, create more useful spaces and improve the city environment.