Neighbour planning breach

Ant555

safclyndz said:

I have emailed the planning department, but I'm just wondering if I'm correct in thinking this shouldn't be accepted. 

   From what you have said, it seems that its a fair question as to whether the new window should be there and even if retrospective permission is granted then it may have to be obscured.  However, I would certainly be following this up with phone calls to the council (get names)  as I would suspect that this Friday might be the cut off when lots of people take extended leave for Christmas and you may be looking at this issue simmering on in your world until 2nd week of Jan 2021 before getting even the slightest bit further on.

Mickey666

Out of interest, is planning consent required to put a window in a existing wall?

Doozergirl

Mickey666 said:

Out of interest, is planning consent required to put a window in a existing wall?

It's permitted development as long as you have permitted development rights.   Rules dictate where they need to be obscured or high level.  eg. upper-floor side elevation window - obscure-glazed and non opening, unless the opening part is 1.7 metres from the floor of the room.  

If the window is on an extension that needed planning permission then there'd be that consideration, but no planning officer is going to prevent light to a room via a window if it privacy issues can be mitigated. 

Mickey666

That’s pretty much what I thought (though not the details), in which case complaining that the window is not on the plans is probably not going to get the OP anywhere.  As you say, the privacy issue is fairly easy to mitigate, which seems like the thing to focus on in this case.

safclyndz

twopenny said:

I would be very concerned about that window. Easily have the glass reverted to clear.

They could sell shortly and you could have the neighbours from hell there.

I'm a people pleaser and try to be a good and friendly neighbour but seems they are taking adviantage of you being a nice person and are taking advantage.

Yes, I do think it would affect you selling your house. Most people don't want to be overlooked and it's the first thing people have looked for and commented on when they come to see me in my new home.

They have done the wrong thing. You can be liked by your current neighbours or you can have you privacy. It's not your fault or your problem though they will undoubtably want to make you think so. Time to put yourself first.

This is one thing I’m worried about, I’ve lived here my whole life and inherited the house years ago from my mother after she passed away. I’m still relatively young, and my partner doesn’t live nearby, so I keep myself to myself. They’ve done numerous large DIY projects which I’ve just left them get on with, and I’ve only complained when I haven’t been able to move my car. There was a lot of mess (packaging, large offcuts of material) in my garden during the extension but I just picked it up and got on with it. I feel as though they’ve just thought I’d not say anything about it. 

I’m aware planning might not be interested that it wasn’t in the original plans, as I’ve said previously I would have accepted the obscured glass. What I don’t want is to have to my blinds shut constantly so that I can comfortably enjoy my home. My eye level is higher than the fence in that part of the house so that obscures nothing. 

Jeepers_Creepers

From what you say, safclyndz, your neighbs are not exactly considerate folk - at best. I think you can also have a reasonable suspicion that they are trying it on, quite possibly as they've worked out you are not the type to complain.

I'm surprised - and disappointed - about what the informed folk on here have had to say about this; that 'Planning' might not be as matter-of-fact and strict about such breaches as I'd expect. I mean, really, if a plan is approved and the applicant then adds a window - especially in a location where it can cause a lack of privacy - they should be firmly put back in their box; "not approved - block it up, pal". It seems little wonder that disputes can arise when enforcement is so sloppy. This should be of zero consequence for the Planning Officer - they simply dictate what's right and what isn't, and anyone who tries to pull a fast one should end up regretting it.

At the end of the day, tho', these Planning Officers are human like the rest of us, and can usually be swayed a degree either way. This strikes me as being such an obvious breach, completely intentional as they almost certainly knew it wouldn't be approved if asked, that I'd hope Planning would act accordingly.

Safclyndz, is there the potential to plant a small tree/large shrub tight against that wall to screen the window if needed? Or a 2m-high garden shed?

(For the latter idea, paint it a nice dark chalky blue and print a line of golden stars along the roof ridge facing them. You can probably work out why...)

safclyndz

Jeepers_Creepers said:

From what you say, safclyndz, your neighbs are not exactly considerate folk - at best. I think you can also have a reasonable suspicion that they are trying it on, quite possibly as they've worked out you are not the type to complain.

I'm surprised - and disappointed - about what the informed folk on here have had to say about this; that 'Planning' might not be as matter-of-fact and strict about such breaches as I'd expect. I mean, really, if a plan is approved and the applicant then adds a window - especially in a location where it can cause a lack of privacy - they should be firmly put back in their box; "not approved - block it up, pal". It seems little wonder that disputes can arise when enforcement is so sloppy. This should be of zero consequence for the Planning Officer - they simply dictate what's right and what isn't, and anyone who tries to pull a fast one should end up regretting it.

At the end of the day, tho', these Planning Officers are human like the rest of us, and can usually be swayed a degree either way. This strikes me as being such an obvious breach, completely intentional as they almost certainly knew it wouldn't be approved if asked, that I'd hope Planning would act accordingly.

Safclyndz, is there the potential to plant a small tree/large shrub tight against that wall to screen the window if needed? Or a 2m-high garden shed?

(For the latter idea, paint it a nice dark chalky blue and print a line of golden stars along the roof ridge facing them. You can probably work out why...)

Unfortunately because there’s only 2/3 meters between us once they extended the side there’s not really any option of anything. It’s all concrete path so no plants really, but also a bit of a wind tunnel at times so no good for pots. And the fence is already 6ft. 

I’ve kept the blinds shut since Monday, hardly ideal!

pinkshoes

safclyndz said:

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 would be going to speak to the neighbour again.

Say you appreciate that they have suggested frosted glass, but clearly this has not happened, and you are not happy with this solution as it is not as per the approved plans. 

I would be requesting that they remove the window and brick it up. 

100% complain to the planning department. I would not be happy with this. 

Jeepers_Creepers

Planning might be slow to respond to your specific complaint especially at this time, but they should - shoorley - be able to answer a straight forward question regarding the 'scenario' involved. Ie, if you call them up or pop in to their office and ask "IF a person adds a window X height and Y distance from the neighbouring boundary that was not on their approved plans and this looked directly on to a neighbouring garden and windows, what would happen if that neighb made a complaint due to loss of privacy?"

Nail them down - get an answer. Don't let them fudge with "Oh it depends on lots of things and..." just repeat the scenario; "It's exactly like this... what would you do?"

Record this conversation using your phone (discretely) and/or make a point of noting down the answer, thanking the person and asking their name - note that down too (that's always important - get a name).

You then use this to chase them up on a weekly basis until they resolve it.

This is clearly a breach, and Planning has a duty to sort it. If they procrastinate, tell them you will be contacting your MP, and then do so.

Keep it all simple, succinct, factual and as un-emotive as possible. It's perfectly ok to describe how this breach and loss of privacy rightly makes you and your family feel, but say it factually, don't over-egg it, and don't whine. Leave all that to the other party...

safclyndz

The enforcement officer has opened a case for this to be investigated, obviously with Christmas/New Year plus COVID restrictions I don’t know how long this will take. 

Does anyone have experience in reporting and what happens next? Do they contact my neighbour to say there’s been a complaint or just come round and have a look? I suffer from anxiety so I’ve been trying to avoid my neighbour for the last few days in case he kicks off (even though I know I’ve done nothing wrong) and I don’t even know if he’d be aware I’ve reported it.