A trash collection facility for new apartments has been partially built without approval only feet away from the kitchen window of a neighbouring house.

Planning and building officials are set to meet within the next few days to investigate a row sparked by the re-siting of the trash collection area for twin apartment blocks in Paget.

A further bone of contention thrown up by the Harmony Gardens development on Middle Road concerns a dry stone wall belonging to neighbours George and Karel Smith that has stood for hundreds of years but has now crumbled. They claim the reason for the wall falling away is the weight of a concrete car park slab that has been laid on top without permission.

The wall and the trash area are just two of the concerns for the couple who live next door and have seen unapproved alterations to the scheme affect their property. The Smiths are calling for all unapproved work to be halted and taken down.

At one point excavating for the trash facility was done to within four feet of a house where Mr. Smith's uncle lives. Cracks appeared in the wall and ceiling of the house at the time but have since been repaired through agreement between the two parties. The area of excavated land has mostly be refilled after an outcry by the couple.

However, this did not stop developer Overnight Construction continuing with the unapproved alterations to the car park area, trash storage facility and main entrance to the guest and residential apartments, which are being built almost opposite the Paget A1 market.

The Smiths have made repeated objections against the retroactive plan submitted by Overnight Construction and yet to be decided upon by the Development Applications Board.

A number of orders to halt unapproved work from continuing have been issued by the planning department, however most of the disputed retroactive plan has been carried out, including the construction of a space to house a trash facility. On the original plans approved last year that space was reserved for two car park slots.

And a new entrance gateway that the Smiths argue makes it more dangerous for them when exiting their driveway further along the road has also been constructed without approval.

"The DAB should have the authority to enforce the plans as they were initially approved. That would mean all construction on the Harmony Gardens site would have to stop immediately and work which is not in compliance with the approved plans should be taken down. Retroactive plans should be denied. Will that happen? I doubt it very much," said Mr. Smith.

He claims: "Everything has been moved nine feet closer to the boundary from the original plans. The car parking was against the building and the main gate was down by Paget gas station and the trash auxiliary building was meant to be down by that gate. "There have been stop orders issued but they keep doing little bits. We are fighting a losing battle. We want to know how they can do this?"

According to the retroactive plan the trash facility will be completely enclosed to address concern about odours and will include a drain so the floor area can be regularly washed down.

In response to concerns about the collapsed wall, a letter on the planning file from agents Conyers and Associates, claims: "It is obvious someone has deliberately loosened the rubble and tampered with the stone wall."

Mr. Smith's concerns, as listed on the planning file, are over an alleged encroachment of his property boundary by the developer, the re-location of the trash facility and a propane gas tank less than 10ft from his boundary, the excavation work that took place within four feet of a house he owns, and the re-siting of the entrance/exit drive to the apartments. A planning department meeting involving the acting director of planning, a building control officer and possibly an enforcement officer, is due to take place this week to investigate concerns about the re-located trash facility. The retroactive plans for the site remain under consideration by the DAB.

Attempts by the Royal Gazette to speak to developer Sanz Pearman of Overseas Construction or a representative of Conyers and Associates had been unsuccessful as we went to press.