Neighbour putting new window in, previous permission given in 2013. Window going in in 2019

volc25

Hi,


I bought my house in 2015.



My neighbour has spoke to me about a window they are putting in to change a room into a bedroom, this new window will be within one metre of the boundary line between our houses (Semi Detached).


This neighbour had planning permission granted for an extension in 2012 then made an amendment in 2013 to add in the extra window, the window isn't actually on the extension, its on the original wall the extension comes out from, space is extremely limited in the gap between his extension and the boundary / fence line. It looks like this was approved back in 2013.


However the neighbour never put the window in when he completed the initial extension. They have left it numerous years.


Where do I stand on this? Its been more than 3/4 years, does he need to seek re-approval to continue or can he just go ahead and do this now. I cannot say I am happy about it but if there's nothing I can do then I will just have to accept it.


Heres an attempt to explain the layout.


Fence line | Existing extension line

| |

---<my house window>

---

|--<new win>--|

TheCyclingProgrammer

The planning permission has probably expired so they may need new PP. You could look online and check yourself.

However if it was approved before it may be approved again. You could object of course. How well do you get on with your neighbours? Is it reallly affecting you enough to create a fuss and ruin neighbourly relations?

AndyMc.....

I know there's a rule about starting the work within five years of the permission being granted. One could argue he has.

volc25

AndyMc..... wrote: »

I know there's a rule about starting the work within five years of the permission being granted. One could argue he has.

Yeah I thought this would likely be the case which drove me here to gain others opinions.



Yeah looks like nothing much I can do then.

DigForVictory

volc25 wrote: »

I cannot say I am happy about it but if there's nothing I can do then I will just have to accept it.

Have you spoken to them at all about it? I know, sometimes these are conversations we'd really rather never have to have, but it may be possible to relocate the window or do something that makes it feel less invasive, or at the very least acknowledge that you could go try to go to the council & expect a fair hearing and that might delay things, so it makes sense to talk.

Who provides the tea and cakes is very tricky - but it might help the conversation start, & stay friendly.

Don't just give up, when a chat over a brew could make things much better?

ProbablyNotTheDriver

Hi, I work as a planner so may be able to help with this. The standard time condition on planning decision notices says that development has to begin within 3 years. If the rest of the extension was built at the time then development has already commenced and your neighbour already has planning permission to add that window.

volc25

DigForVictory wrote: »

Have you spoken to them at all about it? I know, sometimes these are conversations we'd really rather never have to have, but it may be possible to relocate the window or do something that makes it feel less invasive, or at the very least acknowledge that you could go try to go to the council & expect a fair hearing and that might delay things, so it makes sense to talk.

Who provides the tea and cakes is very tricky - but it might help the conversation start, & stay friendly.

Don't just give up, when a chat over a brew could make things much better?

Yeah I spoke to them about it first thing this morning, was quite polite and he informed me about the previous permission was granted but he wasnt sure if it had expired or not, and that it if had, he would reapply anyway. This guy who owns the house is a cowboy type builder so would be doing the work himself. I was originally most concerned about him not doing it up to building regs and it potentially being a fire hazard with an easier fire spread to my side of the semi detached building or just going ahead and doing something without permission and then trying to get it retrospectively.


Iv sourced all the original planning documents and he is telling the truth, the window is clearly there are part of the approved plans. Since he started developing the extension and the new window is part of those development plans (even though the window isnt on the extension itself) within the 3 or 5 year period, theres naff all I can do.

Really I should of asked the council to force a completion order on him when I moved in a few years ago but since I didnt his extension and changes are still not classed as "complete" so he can make the full changes he originally applied for.



He is going to sell the house soon, and he has started to do all the finishing off work now.


Im still going to contact the council for some advise, but I have now come round to the mindset theres nothing I can legally do to stop this occuring.


Privacy and safety were my main concerns but since it was approved I cannot appeal now so many years later.

volc25

ProbablyNotTheDriver wrote: »

Hi, I work as a planner so may be able to help with this. The standard time condition on planning decision notices says that development has to begin within 3 years. If the rest of the extension was built at the time then development has already commenced and your neighbour already has planning permission to add that window.

Thank you, all my internet research brings me to the same conclusion.


Appreciate you made an account just to comment on this!

silvercar

ProbablyNotTheDriver wrote: »

Hi, I work as a planner so may be able to help with this. The standard time condition on planning decision notices says that development has to begin within 3 years. If the rest of the extension was built at the time then development has already commenced and your neighbour already has planning permission to add that window.

volc25 wrote: »

Thank you, all my internet research brings me to the same conclusion.


Appreciate you made an account just to comment on this!

Always nice to see new users.

Welcome to the MSE forums!

ProbablyNotTheDriver

Thanks both! &#55357;&#56833; I was browsing the forums to learn about appealing private parking tickets (hence the strange account name) and came across your post- I think I’ll stick around!

ProbablyNotTheDriver

Sorry for the multiple posts. It’s just occurred to me that you wouldn’t usually get permission for a first floor clear-glazed window in the side elevation of a house if it would overlook a neighbour. I’m not sure if that’s an how it is in this case? They might be required to retain that window in obscure glazing and for it to be non-opening. If that’s the case then there would either be a condition on the decision notice specifying that and/or there might be a note on the approved plans stating the same. Might be worth a look as that would remove loss of privacy issues.