Overlooking lounges

seven-day-weekend

moneyistooshorttomention wrote: »

I think one useful thing for OP to do is to head to the Planning Dept of the local Council and check for a planning application put in for that extension at that time.

That planning application will probably cast light on what EXACTLY the Council approved. It may well be that the Council approved the extension per se BUT without the intrusive window as well as the okay window. If they did indeed approve that extension minus the intrusive window then I guess there is always the possibility that the Council might be able to force the neighbour house to brick up the intrusive window even after all that time? Worth checking what the time limit would be?

However, even if the planning application duly didn't include intruder window but the time limit has passed for the Council to take action against intruder window, it must surely be the case that the Council's approval of original application (minus that window) could safely be deemed to mean the Council deemed that room to have sufficient light just from allowed window only.

I would certainly investigate that possibility in OP's position. It would be very difficult for 2015 Council to say that it would be insufficient light in that room if 1995 Council had felt there was a perfectly acceptable light level in that room without intrusive window.

I think the time limit is four years (it's been 13 years since I worked in Planning and I have forgotten). Certainly after all this time there is nothing Planning can do, even if the extension has not been built in accordance with the approved plans.

Depending upon its size, it may not have needed planning permission in the first place, in which case there would be no approved plans, nor any legal obligation to inform neighbours.

moneyistooshorttomention

I_have_spoken wrote: »

An rear extension for a semi with a large window on the common side return certainly doesn't sound like it was submitted for PP as it makes a nonsense of the 45 degree rule.

Anyhow, that's in the past.

It would be quite normal for the back gardens of semi to have a good fence between them for privacy. If the neighbours had been silly enough to put a window into the side of their extension, that's hard luck!

Peeps with conservatories have to accept they'll see nothing out of one side!

That conservatory would be totally unusable anyway for people (ie only usable to use as a plant-growing greenhouse) if the next door neighbour didn't have that fence up anyway, ie because main neighbour shown would be able to look straight in very easily and thus it simply wouldn't feel possible to use that conservatory for sitting around in relaxing anyway.

With a conservatory like that, I'd be putting the blimmin' fence up myself in order to make sure I could actually use my "garden room".

penguingirl

Our conservatory is like the one above, as is our adjacent neighbours. Unfortunately the fence between the 2 has started to disintegrate but is pretty much impossible to get to due to the proximity of both conservatories. We have decided to obscure the glass in the lower panels and have bought this sticky-backed frosting from amazon to give a frosted glass effect. We've not put it up yet, but it gets good reviews. Might be a cheap solution to suggest to neighbours?

moneyistooshorttomention

My parents have that sort of "frosting" stuck up on the windows of their conservatory (ie the side that could be seen in by next door neighbour). In their case its not down to fence maintenance problems, but down to layout of their respective houses problems.

It works and their conservatory is duly private.

Not sure how well it would work for a room inside in a house though....

Another possible solution (for both neighbours with intrusive window and the house that is intruded-upon) could be one I have seen in a house before now, ie of the side window in intruding house being a stained glass one (nice style...not chavvy style one) and it wasn't possible for either house to see through it. Though that style of window fitted into the style of the intruder house in the circumstances and wouldn't fit into many other houses - ie it can only really be done in a "character" style house, with things like "antique style" radiators etc etc.

Badgergal

seven-day-weekend wrote: »

I think the time limit is four years (it's been 13 years since I worked in Planning and I have forgotten). Certainly after all this time there is nothing Planning can do, even if the extension has not been built in accordance with the approved plans.

Depending upon its size, it may not have needed planning permission in the first place, in which case there would be no approved plans, nor any legal obligation to inform neighbours.

Current planning officer here; four years is correct. After that, there's nothing anyone can do. I wouldn't have approved an extension with a window like the one described, though. I have told people before that I will only approve such windows if they put obscured glass in and they usually comply because it works both ways. It might be worth a conversation with the neighbours.

Doozergirl

Jaguar_Skills wrote: »

Again this is incorrect. Planners are concerned with any habitable space, living rooms mainly but also kitchens and bedrooms.

Regardless we aren't talking about planning, civil rights of light applies to any room. If the light levels are already poor courts view the light as precious and any reduction can be cause for compensation or at worst injunction against the development

I'm talking about side windows.

We've already established that the light levels aren't poor. OP mentions that there is a large picture window to the rear.

Neighbour would have to lose a certain quality of light, quantifiable, making the room unfit for purpose. I would suggest that a large picture window would provide adequate light to the room even if the other were completely blocked up.

The right to light allows the right to a certain quality, not unfettered access to as much as they

All I'm saying is that this is slightly more grey than the impression you might be giving.

ANGLICANPAT

Thank you penguin, useful link. Moneyistoo , thats a very similar scenario as you can see (if my link to photobucket works -- but I wonder if the fence was there first ? I can imagine it may have caused problems if it suddenly went up across the side of the conservatory.As the extension wall IS the dividing line between the properties, and as my friends lounge window frame extends right up to that wall , a fence would be difficult.

Badgergirl, when you say nothing can be done, does that mean my friend or his buyer would not be able to build an extension themselves now even if he narrowed his wide windows to leave a bit of wall to attach his extension wall to (which would leave about maybe 9/10" between properties?

I didnt want to make my friends house identifiable as its empty , but you can see from the shot Ive taken from his lounge window , the extent of the offending window, its practically the full width of the extension . Funded walling up has been suggested, but as I said , owner (who superseded the one who built the ext ) likes the extra light so was not enthusiastic.
As Im helping to organize the sale of this property , I just wanted to know as much as possible about all the possibilities for either present owner or new buyer , so grateful for all your suggestions thanks. Will go and look at original permissions next out of curiosity.

Sorry, I tried to get the actual picture on here, but couldnt, best I can do is the little square link at the bottom if it works.

I_have_spoken

Here you go...whack in some leylandii. Simples!

kinger101

moneyistooshorttomention wrote: »

That conservatory would be totally unusable anyway for people (ie only usable to use as a plant-growing greenhouse)

I can assure you that unless you have temperature-controlled automatic vents and fans, conservatories are absolutely useless as greenhouses too.

kinger101

ANGLICANPAT wrote: »

Thank you penguin, useful link. Moneyistoo , thats a very similar scenario as you can see (if my link to photobucket works -- but I wonder if the fence was there first ? I can imagine it may have caused problems if it suddenly went up across the side of the conservatory.As the extension wall IS the dividing line between the properties, and as my friends lounge window frame extends right up to that wall , a fence would be difficult.

Badgergirl, when you say nothing can be done, does that mean my friend or his buyer would not be able to build an extension themselves now even if he narrowed his wide windows to leave a bit of wall to attach his extension wall to (which would leave about maybe 9/10" between properties?

I didnt want to make my friends house identifiable as its empty , but you can see from the shot Ive taken from his lounge window , the extent of the offending window, its practically the full width of the extension . Funded walling up has been suggested, but as I said , owner (who superseded the one who built the ext ) likes the extra light so was not enthusiastic.
As Im helping to organize the sale of this property , I just wanted to know as much as possible about all the possibilities for either present owner or new buyer , so grateful for all your suggestions thanks. Will go and look at original permissions next out of curiosity.

Sorry, I tried to get the actual picture on here, but couldnt, best I can do is the little square link at the bottom if it works.

In your original post, you stated this was constructed 20 years ago. Was that a rough guess, or could you be more precise. If it's less than 20 years, then the whole right to light thing might not exist.

Although I'd recommend resolving this amicably as best you can with the neighbours, I feel it's still useful to have the nuclear option open. Afterall, they did something pretty inconsiderate when the place was constructed, so I'd not feel too guilty about sticking a fence up if I were so entitled (and they'd no longer be my neighbours once sold). The only downside is potential purchasers are likely to enquire about neighbour disputes.