Neighbors Illegal Window

phlash

Pay for a 70 year old man to sit naked in a deckchair in front of the window.

They will soon buy a blind.

phead

Martin666 wrote: »

My main worry is does this window have a “right to light”, meaning that I can’t build my own extension next to the neighbouring one ‘cos it would block the window.

Not unless its been there for 20 years.

As already stated you could build next to it, fence it in, put poles and wires and grow something up them, basically whatever you like. A tree would be a bad idea in the long run, as you might become liable for root damage, a big bush would be fine.

Colincbayley

phlash wrote: »

Pay for a 70 year old man to sit naked in a deckchair in front of the window.

They will soon buy a blind.

What if the neighbour is an 82 yr old women who fancies a bit of young stuff?? :eek:

planning_officer

G_M wrote: »

In their defence (& no, I don't work for the planning dept!) they have really had most of their powers stripped away from them, so often there's little they can do. And when they DO turn down applications, applicants can appeal to the Environment Agency who often overturn the local decision.

Environment Agency??! What have they to do with anything?? lol

You mean the Planning Inspectorate!

Besides, planning appeals do not 'often' get overturned (as you claim) - it's around 30% of appeals that get allowed.

planning_officer

Motivatedworkingmum wrote: »

Your situation has happened to me with a neighbours roof extention bank of windows that looks straight into my garden. They have a house length dormer extention in their roof that is monsterous, I called the planning dept the day the scaffolding went up (they had not told me anything of their plans before hand) to be told they can do this and I had no power to object. Hands tied, privacy in garden gone forever, with an extention that is an absolute eyesore and a joke in my street.

Answer my questions??????they just told me there was nothing I could do. Pants.

Sounds like didn't need planning permission from the local authority - most side and rear dormer windows are in fact permitted development (which is national legislation), therefore there is nothing any Council can do.

planning_officer

Martin666 wrote: »

This single storey extension has a window directly overlooking the garden of the house I’m buying and I was told by the tenants the window was never in the plans and shouldn’t be there.

I enquired with my council and they looked back to 1998 and can’t find any planning application for the extension.

That may well be because it didn't need planning permission from the Council - that too may well have been permitted development, window or no window.

Martin666 wrote: »

My plans are to build my own extension that would block the window (that probably shouldn’t be there) but I am also told that if it’s been there more than 4 years that it will be deemed “legal” and may stop my own extension plans.

Yes, if the extension has been there for 4 years, then it is lawful and the Council can take no enforcement action (assuming it ever needed permission in the first place). I don't see whay that would stop you doing something similar though - is this window the main window to whatever room it serves? If it's a secondary window, it's not really that important. Plus, you have permitted development rights to use too - see what you can do under these rights, and you may not then need to even apply for planning permission.

planning_officer

BitterAndTwisted wrote: »

Ask the local authority's ruddy planning department! Not all LA's have the same rules as far as I know and there's only one planning officer who posts here, and irregularly at that

Is that me? lol Sorry for being so irregular!

Actually, permitted development legislation is national, so it does not vary between Councils. Yes, when something needs planning permission and planning policies come into play, these vary between Councils - but basic issues like impact on neighbours should be fairly consistent.

Bogof_Babe

Put a garden shed next to their window, with the plain side facing it.

planning_officer

Martin666 wrote: »

Hi

Martin666 wrote: »

Thanks for all the replies!

I’m not too bothered about the window being there as it’s frosted.

Grrr I've just posted the above replies and then noticed this post - obviously it's not an important window, plus it can't be causing any overlooking if it's obscurely glazed!!!

Martin666 wrote: »

My main worry is does this window have a “right to light”, meaning that I can’t build my own extension next to the neighbouring one ‘cos it would block the window.

Nope, it needs 20 years uninterrupted light to qualify for that - and that's actually a civil issue (need to see a solicitor), nothing to do with the planning system.

By the way, (re. the title of this thread) - even if the window did need planning permission, that does not make it 'illegal' - it would be unauthorised, but not illegal. Something in breach of planning legislation only becomes illegal when the Council have served an enforcement notice requiring its demolition, and if it hasn't been demolished by the deadline of the enforcement notice.