Do I have any rights?....

ebaybaby

My Mum is in a 3 bed terrace house and has a small back yard. Her neighbour wants to install decking to the whole of her yard coming up approx 4ft from the ground. The problem is the separating wall is only about 6ft high which would make it then 2ft so she would be looking over into my Mums yard whenever she was out there.
Can she do this?

clutton_2

yes - almost certainly. you could consider putting up trellising with lovely flowers growing up your side to protect your privacy.

ebaybaby

Thats the point though, her neighbour suggested putting up bamboo screening but it would block almost all the sunlight out of my Mums living room/yard so she doesnt want anything like this. Her privacy will be totally invaded if her neighbour goes ahead with this plan. I just thought she may be able to stop it someway.

jonewer

Get your mum to put up 6 feet of decking and then set up shop with a webcam.

MortgageMamma

Who in their right minds would want to put up 4ft high decking in a back yard? your neighbour needs their head examining. Has your mum thought that this intrusion could decrease the value of her own property?

Ian_W

ebaybaby wrote:

My Mum is in a 3 bed terrace house and has a small back yard. Her neighbour wants to install decking to the whole of her yard coming up approx 4ft from the ground. The problem is the separating wall is only about 6ft high which would make it then 2ft so she would be looking over into my Mums yard whenever she was out there.
Can she do this?

But wouldn't that block out the light to her own house?
Wouldn't the decking be half way up her own back windows?

I would contact the local council planning dept and seek advice from them.

real1314

a couple of things:

1. It might need planning permission if it creates a "useable space" underneath - this could be storage space? see link here: http://www.broxtowe.gov.uk/index/planning_new/planning_development_control_new/planning_development_control_planning_advice/planning_advice_do_i_need_planning_permission/planning_advice_leaflets/planning_leaflets_8_driveways_patios.htm

2. What about a challenge under the right to privacy (human rights act).

3. If they add a fence / ballustrade on the decking and thet exceed 2` 8" then the structure will exceed 2 metres in height and will require planning permission as it's effectively a fence over 2m high. Most fences are about 3` I think.

better advice here: http://www.inverclyde.gov.uk/Economic_Development/index.php?module=article&view=118
The general principles seem to suggest this decking wouldn't be allowed.

I'd ring the council and see what they can advise.

ebaybaby

Thanks everyone.
MortgageMamma, I can honestly say that I dont think she is the full shilling. She doesnt seem to care that by having this raised decking she will also be "on show" to everyone in the neighbouring properties. My Mum is really concerned as selling is something she may well do in the next year or so.

Ian W
The way the yards are situated they have to go down a few steps, her theory is that she doesnt want to step down into the yard she wants to walk right out onto it?! If she goes ahead, the deck floor will be more or less just under her back room window!? She doesnt care about light to her house, I think she imagines she will have some sort of inner city garden!

real1314

It will create some sort of space underneath. I also wondered about the privacy thing. Will look into that.
From what I can gather she will also have to do away with her back yard door (leading out into the entry) so she will have no wheelie bin access and I presume the bin will have to be left outside her front door.

MortgageMamma

Let us know how you get on - this is one of the most bizzare things ive read on this board! I'm very curious to see if she actually gets away with it.

seven-day-weekend

She may well need Planning Permission if there is space underneath the decking as it will create volume.

She can, however, erect fencing up to 2m high (from the ground, her side) between back gardens without Planning Permission.

I would contact your local Planning Authority for advice.

ebaybaby

Will defo keep you posted! I know though that if she doesnt need planning permision she will just go ahead anyway. I will be posting the pics on here!!