New garage windows overlook our garden.

LEMAY_2

Hi this is my first posting and I'm am sorry for the length of it.

Our neighbours have built a new 2 storey double garage. they showed us the (very basic!) plans and we didn't object so long as we were not overlooked which they agreed to. Now it is built,we are shocked at the size of it, it is the size of a house not a garage. It is prob just a metre from our dividing hedge and actually closer to our house than their own (it didnt look that close on the plans!)

What angers us most is that instead of the catslide roof with 2 small skylights on the plan, they have put 3 velux windows in a ridged roof. These windows overlook 3/4 of our garden. We complained to the neighbour but he said building control? had said he must have these windows as fire escapes. We have spoken to the local planning dept who say it is out of their hands!

Our neighbour has offered to replace the velux closest to us with a smaller one but this is not acceptable to us, as all 3 windows overlook our garden. (we have very large gardens and we enjoyed the privacy until now). He has said he intends to use the garage as living space for his older children and maybe later to rent out? and it will include bedroom,living room and kitchen upstairs and the bathroom in part of the lower floor. The plans were for double garage with "boys room "or storeroom ,above.

We had no idea that this was his intention when they submitted the plans. The privet hedge( theirs) that divides us is thinning in places and almost non existant in the winter months, because of this, the siteing of their new garage door enables them to look directly into our conservatory and back door and part of our living room. Consequently we feel as if we are living in a goldfish bowl. He has admitted that he was surprised that he was given permission to build this garage. And he is a builder!

Incidently he already had a single story detached garage which he successfully applied to rebuild 20 odd yrs ago. He then changed this to a games room and applied for retrospective planning much later. He then joined that garage to his house..
Then a few years later applied for this new detached double storey garage.We asked him how he would feel if we did the same and he told us we probably wouldnt get permission and he would object!! We have always got on really well until now, I feel we have been deceived all along !!
I would be so grateful if anyone can offer us a glimmer of hope. Is there anything we can do? In reality they have built a house where they should never have got permission to. We live in a rural area.

On the 'Notification of Decision' from the planning it says,' The development would be a MODEST extension to the existing dwelling' .That is an understatement, it is almost as big as their original house. Do the planning officers ever come out to actually view these buildings that they allow?

Surely we should have been consulted about the windows and the fact that it would be lived in? Even if he changed the windows, the people he sells to could change them back? Could he sell it as a separate house?
How on earth did he get permission?!

What is the point of the planning dept? Why bother to show plans to neighbours , if they are going to be changed without their knowledge anyway? I don't see the point. Wish we had objected at the outstart but I dont think it would have made any difference to the outcome.

hardpressed

What is the point of a planning department, is a very good question. Around here they seem to let some people get away with anything. Have you checked that it is built according to the plans? If not then you can put in a complaint to the planning department.

Doozergirl

You'll find that velux windows don't overlook you as much as you'd think. You have to go up to the window to see anything except the sky. Our barn has a new loft conversion and whilst the numerous velux let in lots of light, you do really have to go up to the window to look down.

If it's double storey then logic says it was always going to be about the same height as a house To answer your question, he can't sell it as a house without planning permission. The windows I suspect comply with permitted development as they are velux and not regular windows. Subsequest owners may or may not need planning permission to replace them depending on size etc. The fact that they overlook your garden rather than your house wouldn't be proper grounds for an objection

If planning say it's out of their hands following a complaint then presumably it complies. Have you asked them outright if it complies?

MX5huggy

The only avenue you have now is if it is not built as the permission was granted for, but even then it is up to the council to take action. Have you seen the plans as granted by getting them from the council? He could have shown you anything drawn on the back of a fag packet and submitted somthing totally different.

latecomer

A lot of planning departments have the plans online so you can access them to see what exactly was approved. Much easier than visiting them in person or waiting on the post.

27col

I agree with Doozergirl. Velux windows are normally in the roof and at an angle. It is unlikely that there will be much overlooking of your garden. In any event why do you think that you are entitled to that much privacy. Towns would be most peculiar places to design and build if no one was allowed to be overlooked by neighbours.
If the building has not been constructed according to the plans, then that is another matter entirely. By the way, what is the "catslide roof" that you mentioned.

LEMAY_2

Hi and thankyou all for your comments and suggestions.

Latecomer,MX5HUGGY,Hardpressed,yes, I have looked at the plans online at the local councils website.The plans are the same as those our neighbours have shown to us.
The actual building is different to those shown online in that there are 3 velux windows rather than 2 skylights and a gabled or pitch roof rather than a catslide.

We were not against the building itself but it was agreed with the neighbour that we would not be overlooked and their garden is big enough that there was no need for the garage windows to overlook us. Their garden is not overlooked and neither was ours until now!

I agree hardpressed that some people do seem to get away with anything these days and I imagine it will only get worse.

MX5huggy

You need to talk the local planners then if you don't tell them then they might not ever find out I think you can do this anonymously but in your case I think your neighbour will guess it is you that has reported the problem. Keep us updated.

LEMAY_2

Thanks for your comments Doozergirl.

Doozergirl quote" You'll find that velux windows don't overlook you as much as you'd think.
I understand what you are saying regarding the velux windows but surely it would depend on how large the velux are ,as to how much can be seen from them? We have been into the garage when we complained to the neighbour about the windows and you can see most of our garden.


Doozergirl quote "If it's double storey then logic says it was always going to be about the same height as a house".

Yes, that much I had worked out!! !! I was actually referring to the overall size of the building. On paper its hard to imagine the size of the finished result.

We have since spoken to the council again and a meeting might be in the offing.It seems that all is not quite as it should be!!

LEMAY_2

27col thanks for your comments too.

27col quote "In any event why do you think that you are entitled to that much privacy. Towns would be most peculiar places to design and build if no one was allowed to to be overlooked by neighbours"

I appreciate what you are saying about "Towns", but I am lucky enough (in my opinion),to live in a very rural part.
I paid at the time of buying this house, for the priveledge of having a private garden. My neighbours and ourselves are not overlooked. And it really annoys me that our neighbours can do this to us when they have actually told us that they would object if we were to build the same overlooking their garden.

I have lived in a town and was overlooked on all sides but I bought that house already knowing that. I bought the house that I am in now, knowing that it wasn't overlooked and not likely to be.

I don't pretend to understand our planning laws and when I look "online" at different scenerios I find it all very confusing and full of contradictions .
For instance I have read of complaints from people about raised decking overlooking their gardens? These decks had to be removed or lowered. Treehouses having to be taken down because they overlook gardens?




A catslide roof : A roof with one side longer than the other, continuing at the same pitch over an extension to a building.

Doozergirl

I obviously don't understand the difference between a velux and a skylight because to me they're the same thing What else can they put in? We have escape Velux which do come quite low down and are quite large but you still can't see much unless you walk right up to it. If I'm standing at the window I can see right over next door's garden which I admit would have been totally private before, but walking within that roofspace I can only see a beautiful view of the Malverns. If I were sitting down I'd only see the sky.

If the building doesn't comply then that's fair enough but in a compliant building the Velux I'm sure will fall under permitted development, especially if they're just facing a garden.