A grandmother who sued her neighbor over his plans to build vacation homes in his backyard has now filed similar plans herself.
Patricia Shave had tried to thwart her neighbor Paul Body’s proposal to build 18 vacation homes in a field in Marden, Kent.
She successfully sought a judicial review of the council’s decision to approve the developments in December 2019.
The decision was subsequently overturned, forcing the council to pay the 70-year-old £18,699 in costs.
The council reconsidered the application and granted Mr Body another building permit, again threatening Ms Shave with legal action.
Her lawyers filed a “proposed claim for judicial review” but fell through, and now she’s changed tack – applying to build her own vacation rentals in her yard.
Patricia Shave (pictured) had objected to plans for 18 holiday homes on her neighbor’s property, but the plans were eventually approved
She has now submitted her own plans to build holiday homes on her property, despite her previous objections to those of her neighbors
Paul Nicholls, of the Graham Simpkins Planning consultancy, which had represented Mr Body, said: ‘Mrs Shave was the main opponent of my client’s plans.
“She made it a point to say she didn’t want any vacation homes nearby, but now she’s applied for a vacation park herself in her own backyard.”
Her son Matthew Shave, who runs a yacht brokerage in Mallorca, says she’s not a hypocrite because she doesn’t really want to build the rental and is just trying to ‘test the system’.
He said: ‘My mother doesn’t really want to build the holiday homes – of course she doesn’t want to. She lives there with my sister.
‘When we objected to the application, we warned that if the municipality were willing to grant permission there, it would effectively make any open space in the countryside vulnerable to a similar application.
“That’s what we do, testing the system.”
When Ms Shave objected to her neighbor’s plans on the grounds of ‘damage to facilities’, Ms Shave said: ‘The damage will be significant from noise and disturbance, loss of privacy, odors and views, light pollution with loss of dark sky.
Matthew Shave’s son Matthew (pictured here with her) said his mom doesn’t really want to build the house, but that she’s “testing the system”
‘Rural vacationers enjoy outdoor activities such as barbecues, games and music.’
Mrs. Shave said she couldn’t make any solid plans.
She said: ‘I’m waiting to see what the effect of the holiday homes next door will be. If the breach is too great, I may have to move, although I don’t want to.’
The grandmother has lived in her 300-year-old house since 1993 and has raised her three children there.
She’s especially worried that run-off water from her neighbor’s property would exacerbate her flooding problems.
She said: ‘When it rains hard – no problem at the moment – my garden is flooded up to the step. I’m afraid that extra drainage will lead to water entering the house.’
Matthew added: ‘If my mother has to move, I think having a vacation rental planning permit can help increase the value of her home.’
Both uses are officially for ‘holiday caravans’ but that is a technical definition and both will have the appearance of three bedroom holiday lodges.
Ms Shave is applying to Maidstone Borough Council for four timber-clad lodges on a hardened concrete base, with six additional parking spaces.
Ms Shave expressed concern about ‘noise and nuisance, loss of privacy, odors and views, light pollution with loss of dark sky’ in her neighbor’s development
Marden Parish Council did not object this time, although it did object to Mr Body’s plans.
But Graham Simkins Planning has objected on behalf of Mr Body, saying that Ms Shave had not made a drainage statement, ecological assessment, reptile and bat report, crested newt report, visual impact assessment, business plan or a unilateral commitment to authorized development rights – which Mr Body had. must do.
They said that Mr. Body had no objection to the principle of development.
Development of Mr Body’s site is expected to begin within a few months.
Ms Shave’s application has yet to be decided.