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Guidance Rules regarding Privacy and Overlooking

Can anyone point me in the direction of the rules and regulations regarding overlooking and privacy with regard to new construction/developments.

Admittedly I think there is little we can do, given our opposition to the new development opposite us fell on deaf ears and planning permission was granted. The children’s nursery has now opened and we have their staff rest room overlooking our conservatory, rear garden and lounge (although only partially in the case of the lounge window).

Out local council’s Unitary Development Policy has vague mentions of visual amenity and overlooking but these are quite vague and could be interpreted to fit any situation. There are also some supplementary guidance directives relating to distance between buildings, gardens etc.

I’m aware that in an urban area you’re never going to have 100% privacy but have been unable to find any universally applicable rules or guidance, particularly what to do once the planning process is over and the building is contructed (if indeed any course of action lies open).

In our case, the use of some privacy glass in the lower windows of the said development room or the planting of some mature trees at the front of the site (which was mentioned in the plans) would have made a great deal of difference.
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Comments

  • System
    System Posts: 178,171 Community Admin
    10,000 Posts Photogenic Name Dropper
    sounds like you already have the guidelines there, usually they are quite vague! the privacy issue is a hard one to justify from either side, and if the building that's overlooking yours isn't residential then it's even more difficult as the rooms overlooking you aren't occupied all the time...
    if there is landscaping and privacy glass marked on the planning application then these have to be done, you can speak to an enforcement officer to make sure the planting is done.
  • iamcornholio
    iamcornholio Posts: 1,900 Forumite
    If PP has already been granted, then there is little you can do as the permission can not be withdrawn. If there has been some gross negligence and maladministration by the planners and the permission breaches their own policy then you can complain to the local government ombundsman.

    However, check the actual permission document for any conditions which the developers should adhere to in respect of the permission, and if the plans note privacy measures then they should be done, or the development may be in breach of the permission

    As for the actual rules, you need to check local planning policy and any supplementary planning guidance documents which will differ from council to council, and also check for national planning policy guidance or circulars or suchlike distributed to all local councils

    But you are probably just trying to bolt the stable door now, so it may be a case of planting some trees in your garden or raising a fence.
  • But you are probably just trying to bolt the stable door now, so it may be a case of planting some trees in your garden or raising a fence.

    Unfortunately I am the corner plot, my garden wall runs along the highway opposite the new development and I already have a 5ft wall. If I attempted to put a bigger wall/fence or even trees up, I'm pretty sure the planning enforcement office from the council would be straight round.

    To block the line of vision, I'd probably need a wall triple that height as the offending windows opposite are on the first floor.
  • 27col
    27col Posts: 6,554 Forumite
    edited 30 August 2010 at 7:24PM
    Why do you think that you should have any serious expectancy of privacy in an urban area. Most people have more to do with their time than to spy on their neighbours, especially if it is their place of work. I used to live in a house in an old established area of Portsmouth and I once counted 30 windows overlooking the back yard. We never gave it a thought.
    I can afford anything that I want.
    Just so long as I don't want much.
  • iamcornholio
    iamcornholio Posts: 1,900 Forumite
    Yes, but enjoying no overlooking at all, and then having a new building overlook you, is different to living in a property with existing overlooking

    This may not help the OP, but the Government is currently being urged to legislate to allow third parties to appeal planning approvals

    Or have a look at this pdf on challenging bad planning decisions in court
  • ormus
    ormus Posts: 42,714 Forumite
    plant some fast growing trees. today.
    Get some gorm.
  • Hi Rocky Robin. So sorry to hear that your privacy has been ruined - I'd be devastated if that happened to me. If you can't do anything about it planning wise, it is possible to screen even quite tall buildings. You could:
    1 Plant a variety of evergreen shrubs with no 2 plants of the same variety next to each other (ie NOT classifiable as a hedge, where you could fall foul of the high hedges legislation) By the way, I think it's unfair that high hedges legislation should apply in cases where you've bought a property, then someone else moves in behind you and then builds ruining your privacy-but there we are.
    2 You can plant clump forming bamboo. The RHS website will help you choose the right variety-which you need to do VERY carefully to avoid varieties that spread. I would say they make a better screen as they grow tall, dense and evergreen. There is also very little maintainance involved. They could hardly be called a hedge either. I have a screen in my front garden where I have grown them in large half barrels (scared of invasive tendencies and my ground was far too wet) but you can get root barriers for bamboo if you Google. The plants develop more quickly than a hedge.
    3 If you have a fence, you can get 'extensions' for the posts and put trellis on top. Evergreen climbers could work.

    I've gone for the bamboo as the least hassle (watering system in place) and quickest solution to my privacy issue and it worked a treat.
  • 27col
    27col Posts: 6,554 Forumite
    I think that I smell nimbyism somewhere in the area.
    I can afford anything that I want.
    Just so long as I don't want much.
  • 27col wrote: »
    I think that I smell nimbyism somewhere in the area.

    Possibly but the overlooking has been introduced since I bought the property 10 years ago - if it had already existed then so be it.

    I wouldn't have spent £10K on a conservatory had I know that I wouldn't be able to sit in without having someone on their coffee break waving and staring at me

    Obviously in an urban area there will always be some windows with a view onto your property but the majority of these are frosted bathroom windows or bedroom windows.

    The ones causing the problem are ground to ceiling windows that are as wide as they are tall and it is like having a viewing gallery directly across the road from my property.

    Given that the property in question is a children's nursery there is also the question of their privacy, if the shoe was on the other foot and the fact that anyone in my property could quite easily spy on the children while they are playing (horrible thing to say but it does happen)
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you spoken to the nursery?.I am sure you can get self adhesive glass frosting which can be stuck to the inside of windows to make them opaque.They may be willing to do this.
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