Neighbour planning breach

safclyndz

Hi, 
I'm just looking for some advice regarding my neighbours extension. 

My neighbours are in the process of a side and rear extension. During the building they have added in a window that was not on the planning application, a kitchen window, which is directly opposite my kitchen window, as due to the layout my kitchen window is on the gable end. The planning report states that there will be three windows, with no issues for privacy or overlooking as these are two bathrooms and a downstairs toilet. This is a fourth window. Had it been on the planning application I would have objected. 

I spoke to my neighbour about my concerns, the extension is only a couple of metres away and the window looks all the way through into my living room. He understood and said they would have frosted glass as it was only for light. Now today, the window has been installed, it is not obscured glass, and also fully opens. 

I have emailed the planning department, but I'm just wondering if I'm correct in thinking this shouldn't be accepted. I'm really worried about how this will affect my privacy but also if it would impact selling my house in the future. 

Thanks

Grenage

A house two doors down was renovated and had a side window added that looked down into our bedroom and bathroom; the builder said it would be at the top of a stairwell and could not be viewed from that angle.  The builder lied or they changed their floorplan.

I contacted building control who passed it on to enforcement; the window was obscured within a week.

Doozergirl

Is this a ground floor window?  Do you have a fence between you?  

The rule is usually that first floor windows have to be obscured or 1.7 above the floor.   

It's quite possible that they would demand the same at ground floor if it were a genuine overlooking issue, but they usually assume that whatever marks the boundary just the job of blocking any view through. 

safclyndz

Doozergirl said:

Is this a ground floor window?  Do you have a fence between you?  

The rule is usually that first floor windows have to be obscured or 1.7 above the floor.   

It's quite possible that they would demand the same at ground floor if it were a genuine overlooking issue, but they usually assume that whatever marks the boundary just the job of blocking any view through. 

Yes it's ground floor with a 6ft fence. It's hard to explain, but that area is slightly sloped, so the fence is only really blocking the bottom 6 inches or so of the window, you can see 90% of the window over the top of it. 

safclyndz

Grenage said:

A house two doors down was renovated and had a side window added that looked down into our bedroom and bathroom; the builder said it would be at the top of a stairwell and could not be viewed from that angle.  The builder lied or they changed their floorplan.

I contacted building control who passed it on to enforcement; the window was obscured within a week.

I'm more frustrated that I spoke to them and they said it would be obscured as they only wanted it for light. We're fairly friendly (or so I thought!) so I took his word and accepted this, even though its specifically mentioned on the report, and the window wasn't in the plans. 

TELLIT01

Raise it with the neighbour in the first instance and say that the clear glass must be replaced with obscured.  If they refuse you will need to report it to the council or add something on top of the fence to block the window.

Jeepers_Creepers

safclyndz said:

Grenage said:

A house two doors down was renovated and had a side window added that looked down into our bedroom and bathroom; the builder said it would be at the top of a stairwell and could not be viewed from that angle.  The builder lied or they changed their floorplan.

I contacted building control who passed it on to enforcement; the window was obscured within a week.

I'm more frustrated that I spoke to them and they said it would be obscured as they only wanted it for light. We're fairly friendly (or so I thought!) so I took his word and accepted this, even though its specifically mentioned on the report, and the window wasn't in the plans. 

You were good to approach them about this first. They were not good to have almost certainly lied to you quite intentionally.

I would hope - expect - Planning to act on this clear (no pun intended) breach. When they speak to you - as I hope they will - explain that the issue is compounded by them trying to fob you off with an obvious lie, and you now have no trust in them keeping the any glazing obscure. You would therefore like to insist they have it bricked up as shown in the plans; hopefully they'll take your concerns into account.

Your neighbs are not trustworthy folk, they tried to take advantage, they have lost all entitlement to goodwill. They need putting back in their darkened box. People like that make me squirm - zero consideration or empathy. Shudder. 

Mickey666

I had a two storey extension built onto my previous house.  The rear bedroom window (actually dressing room) overlooked a neighbour's garden and during the consultation phase they came round to discuss the plans and highlight their concern about being overlooked but I explained that the window would be in a dressing room and assured them that the glass will definitely be obscured as I had no wish for it to be clear.  They were happy with this and didn't file any objection to the planning application.  I got planning consent nd work duly began.  Eventually the glass arrived for the windows and the builders fitted it while I was out at work.

As soon as I pulled into my driveway the neighbour appeared and started to berate me.  To my horror, the builders had fitted clear glass into the overlooking window!  I assured the neighbour that was not my intention and said I'd sort it out with the builder immediately.  Even though the neighbour was a placid chap and we generally got on well, I could see he was doubtful about believing me but was too polite to go fully 'off the wall'.  Poor chap, he must have been fuming and stressing all night.

Anyway, I called the builder, explained the mistake and they replaced the glass with obscured the following day.  That evening, after checking the obscured glass really had been correctly fitted, I popped round to the neighbour with a bottle of wine and apologisd for the confusion, by which time he was happy anyway and we could laugh it all off - but it was touch-and-go at the time!

Jeepers_Creepers

Good story, Mickey.

A very different situation here, tho' - the neighb in question here actually added a window that was not on the plans. 

DiddyDavies

Jeepers_Creepers said:

A very different situation here, tho' - the neighb in question here actually added a window that was not on the plans. 

Which as you stated earlier means that IMO as well, they have lost all goodwill and any chance of negiotations as to get it resolved the easy way.
I would go straight to the planning department of the council concerned and tell them what has happened and request that the window gets removed and the hole bricked up so that it complies with what was approved.

The neighbour might put in frosted glass to appease you and the planners but may decide to swop it back to clear glass at a later date.

Doozergirl

Jeepers_Creepers said:

safclyndz said:

Grenage said:

A house two doors down was renovated and had a side window added that looked down into our bedroom and bathroom; the builder said it would be at the top of a stairwell and could not be viewed from that angle.  The builder lied or they changed their floorplan.

I contacted building control who passed it on to enforcement; the window was obscured within a week.

I'm more frustrated that I spoke to them and they said it would be obscured as they only wanted it for light. We're fairly friendly (or so I thought!) so I took his word and accepted this, even though its specifically mentioned on the report, and the window wasn't in the plans. 

You were good to approach them about this first. They were not good to have almost certainly lied to you quite intentionally.

I would hope - expect - Planning to act on this clear (no pun intended) breach. When they speak to you - as I hope they will - explain that the issue is compounded by them trying to fob you off with an obvious lie, and you now have no trust in them keeping the any glazing obscure. You would therefore like to insist they have it bricked up as shown in the plans; hopefully they'll take your concerns into account.

Your neighbs are not trustworthy folk, they tried to take advantage, they have lost all entitlement to goodwill. They need putting back in their darkened box. People like that make me squirm - zero consideration or empathy. Shudder. 

If there is an overlooking issue, the will ask for it to be obscured.  

Anyone's feelings about the neighbours are totally irrelevant and won't affect the outcome.  I'd absolutely leave feelings out of it and behave like a grown up about it.   

Plans get changed all the time on site and I've also lost count of the number of times we've had clear glass turn up instead of opaque, as per the post above.  It's a 15 minute job to fix with a roll of Fablon or similar.