Neighbour's Extension Changed Approved Design

DOH_a

Mistral001 said:

Doozergirl said:

Mistral001 said:

If they are not building in accordance with planning permission, they could not only have trouble selling the house, but might be ordered to partially demolish the building and rebuild it, or face a criminal proscecution.

Wildy optimistic (if you're the one not liking what they see). Fifteen years on this forum, not seen any evidence of any of those things happening to anyone.  

The reality is that they'll demand obscured glass if the window is on a side elevation.  

The breach seems to be more than just a few extra windows facing the the OP's property.  The exention has doubled in size and is also higher.  The criminal courts frequently deal with people who have breached planning permission, even though offenders might not frequent this forum.

Where did you read that? The OP mentioned about twice the size because the approved extension is twice the size of the original house... not that the extension has doubled in size from what has been approved. The issue here does appear to relate to modifications to the windows facing the OP's property.

Mistral001

DOH.a said:

Mistral001 said:

Doozergirl said:

Mistral001 said:

If they are not building in accordance with planning permission, they could not only have trouble selling the house, but might be ordered to partially demolish the building and rebuild it, or face a criminal proscecution.

Wildy optimistic (if you're the one not liking what they see). Fifteen years on this forum, not seen any evidence of any of those things happening to anyone.  

The reality is that they'll demand obscured glass if the window is on a side elevation.  

The breach seems to be more than just a few extra windows facing the the OP's property.  The exention has doubled in size and is also higher.  The criminal courts frequently deal with people who have breached planning permission, even though offenders might not frequent this forum.

Where did you read that? The OP mentioned about twice the size because the approved extension is twice the size of the original house... not that the extension has doubled in size from what has been approved. The issue here does appear to relate to modifications to the windows facing the OP's property.

OK.  I read that wrong. It was probably down to my TMB problem (Too Many Birthdays). 

PTRB7

For clarification - this is the approved design with 1 large window and 2 small. The middle and right window are further away from patio so I am fine with those, and I was ok at the time of planning about the left window as it was so small. 

This is what they are building now (without approval).... the red is a bad drawing of a representation of the size of the window they have built where this window is overlooking directly onto my patio.

I am not trying to be awkward, but it just feels uncomfortable. Even this morning I was working out on my patio just outside my back door and the builders were standing exactly in the window opening area watching me and trying to talk to me! That clearly shows me what little privacy this window has now given me! 

Mickey666

ElephantBoy57 said:

If it is not approved by planning, you could say that you will be doing them a favour if you inform planning, because when they come to sell it in the future, it will be a problem for them.

I seriously doubt that.   A buyer (more likely their conveyancing solicitor) will certainly do the searches to check if PP was granted and BC was signed off and when they find it was then that will be it.  Do you really think they would pull down the plans and go through them with a fine toothcomb?

Stick to the issue at hand, not some hypothetical future.  Discuss the issue with the neighbour first and if there is no satisfactory agreement report the deviation from the approved drawings to the local council.

Grenage

When a neighbour two-doors down (we live on a hill) renovated their house, I went over and queries the side window which looked down into a bedroom and bathroom.  He showed me that it was at the top of a stairwell and you'd need to be 8' high to see down.  Happy days no problem.

They later re-organised the layout and the window was off a bedroom.  I contacted building control and they had them switch it to obscured in less than two weeks from the time of the e-mail.  The system does work, albeit more slowly at the moment I imagine.

DOH_a

@PTRB7 The applicants should have really submitted a Non-material amendment application, which would normally be sufficient to deal with something like that. A Variation of Condition application could have also been submitted but only if done so prior to the works starting on site. Also, even if you were to complain and the applicant did submit an application, I’d be surprised if the LPA would refuse it as ground floor side facing windows do not really pose any overlooking issues. Reason being is that a 2m high fence can be erected between properties under PD and a ground floor side facing window is usually no higher than fence height. If this was a first floor side facing window, then it’d be a slightly different story.

Just out of interest, how far is that wall/windows from the boundary, min. 1m away?

PTRB7

HI @DOH.a The window is just over a metre away from boundary so in terms of that then they are fine. The fence between in my fence and it is currently 6 ft panel + 1/2 ft gravel board so approx 198cm so I have no scope to increase the height. 
The builders when standing doing the blockwork on this elevation and standing in the window opening I can see their full heads down to their shoulders over the top of my fence, so their property is at a fair height above ours and therefore from their now larger ground floor window they are looking straight at me on my patio. 
I understand that it would be very different if this was a 1st floor window, but it is still overlooking me with it being a ground floor at a higher level. 

DOH_a

Ok so from a Building Regulation point of view, there is no issue with the additional amount of glazing. I only mentioned that because if the windows are within 1m of the boundary, you’re limited to a certain area of glazing due to fire spread and could have caught them out on that. But from a Planning point of view, there isn’t anything you do that would really change the outcome. If a comment or objection was raised with the LPA, the applicant could deal with it relatively easily. That is also why you can install ground floor side facing windows under PD and without needing to meet any opening or obscure glazing requirements. PD doesn’t apply to extensions but the LPA would take a similar view of which would their formal determination will be made.

melb

I would get straight on to Planning and ask them to come and do a site visit.  In my opinion the original plan was put in with full knowledge that a larger window would not pass planning.  The fact that their response to you was that they would put up some trellis on top of the fence gives you an idea of what sort of people you are dealing with.  Nip it in the bud now before they move in.  If that's their attitude do you really want to be exchanging pleasantries with them?

PTRB7

@melb i think you are right. I feel like I am going behind their back going to planning, but then I have done nothing wrong, and in fact I shouldn't feel bad about that as they are the ones that are in the wrong. The full window is now in place in blockwork and I am so unhappy, almost the entire window is above my fence line, I have zero privacy and I feel awkward walking out my back door, its made me very sad about all of this.