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Fife Council finds controversial new-build is too close to neighbour – but nothing will be done about it

Niki Caira in her back garden with the new build development in the background.
Niki Caira in her back garden with the new build development in the background.

A Fife Council investigation has concluded a new build house has been built too close to a neighbouring property.

Niki and Mario Caira created headlines when they demanded answers of the local authority when they found a new build home was being erected within touching distance of their property.

The Cairas, who have seven children, have lived in Low Road, Thornton, for 15 years.

Their tranquillity of living beside a field which used to be a paddock has been ruined as two homes have been built on the site.

They have been shocked at how close one of the £350,000 houses is to their property.

The new build next to the existing property in Thornton.

In frustration, they printed a large banner on the side of their property asking: “How will you get in your back door when our windows are open?”

Fife Council investigation

The Cairas submitted an objection at the planning stage of the development. Fife Council said having a gap between the homes of 130 centimetres met planning regulations.

However, once the build was under way, they complained to the local authority that one of the new builds is even closer – at just 125cm.

A subsequent investigation by Fife Council agreed the house is too close.

An artist’s impression of the new build compared with reality.

In a response to an official complaint, Fife Council said: “Upon review of the file, the planning authority registered an enforcement investigation.

“Measurements were undertaken to compare the location of the proposed dwelling, adjacent to your boundary, against the approved site plan.

“These measurements found that the proposed building was 1.26 metres from your boundary compared to 1.3m as approved.”

What enforcement action is being taken?

The report from Fife Council said the discrepancy was within a tolerable limit.

“The planning enforcement officer concluded that 0.04m (4cm) would not be material to the issued planning permission,” it states.

The banner that hung on Mr and Mrs Caira’s house has been taken down.

“Accordingly, the planning authority closed the enforcement case.”

It said that issues with construction activities, such as scaffolding, being located within the Cairas’ boundary was a “civil matter”.

Fife Council’s head of planning Pam Ewen said: “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 in relation to the original planning consent.”

Ms Ewan said council enforcement officers have asked for a new planning application to be made for fencing.

What does the housebuilder say?

Prominent Fife businessman Alex Penman is the developer behind the new properties.

He is taking legal action against Niki Caira relating to posts on her Facebook page, which he claims are defamatory.

The civil court case is continuing. In the meantime Ms Caira has deleted her personal Facebook account and removed the banner on her home.

Niki Caira looking out of her window.

Mr Penman did not respond for request to comment.

Previously Ms Caira told The Courier: “We are so upset and so stressed. We can’t believe how close the houses are.

“From the edge of our house I can lean over and touch their brickwork and I’m under 4ft 11in.

“People walking past the side of their house have to pass our bathroom window and could look at me on the toilet.”

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