Neighbour planning breach

Spank

I'd have frosting film as you have the privacy and light.

safclyndz

Jeepers_Creepers said:

Take it as far as you can - see Tippytoes' post above. Do you have reason to think that Planning won't do anything - could it be that it just takes time?

The reply I received from the planning enforcement officer seemed quite dismissive, it didn’t address the reason for my complaint - 

Further to your recent complaint regarding the above, I can confirm that the owner submitted a nonmaterial amendment to the approved planning application ———- for the insertion of 1 no ground floor window and 1 no first floor window to side elevation, replace 2 no ground floor windows within rear elevation with 2 no French doors and insert 1 no first floor window to front elevation which was approved on 13th November 2020.
Accordingly, and as Officers were successful in resolving the breach of planning regulations regarding this, I intend to close my case file in relation to your complaint.

This sounds to me as though they have only seen my complaint as the window not being on the original plans, rather than acknowledging the overlooking issue. 

safclyndz

Spank said:

I'd have frosting film as you have the privacy and light.

That’s what I’m going to go for, so it’s easily removable if I wanted to in the future. Better solution than having the blinds constantly closed like I have for the last few weeks. 

Jeepers_Creepers

safclyndz said:

Jeepers_Creepers said:

Take it as far as you can - see Tippytoes' post above. Do you have reason to think that Planning won't do anything - could it be that it just takes time?

The reply I received from the planning enforcement officer seemed quite dismissive, it didn’t address the reason for my complaint - 

Further to your recent complaint regarding the above, I can confirm that the owner submitted a nonmaterial amendment to the approved planning application ———- for the insertion of 1 no ground floor window and 1 no first floor window to side elevation, replace 2 no ground floor windows within rear elevation with 2 no French doors and insert 1 no first floor window to front elevation which was approved on 13th November 2020.
Accordingly, and as Officers were successful in resolving the breach of planning regulations regarding this, I intend to close my case file in relation to your complaint.

This sounds to me as though they have only seen my complaint as the window not being on the original plans, rather than acknowledging the overlooking issue. 

That is 'kin outrageous. Take it immediately to the next stage as Tippy did. Grrrr - that makes me so angry.

You'd actually opaque your own windows?! When your neighb won't his?! Why isn't looking out on to a nice green-leafed-with-blue-flowers-and-gold-stars trellis screen an option? It'll look pretty and upset the neighb. :-)

Davesnave

Spank said:

I'd have frosting film as you have the privacy and light.

I wouldn't. I'd solve the matter in some other way. For starters, I like my kitchen view. Secondly, something obvious like severe overlooking devalues a property.

Sometimes, one has to spend out to counter something happening on another's property. For example, in November I paid £200 towards having  have two neighbouring Poplar trees felled, rather than wait to see if their owner would decide to deal with them soon. From the moment they hit the ground, my options for the outbuilding they sat beside increased and the likelihood of their roots damaging it, decreased. Win, win.

safclyndz

Davesnave said:

Spank said:

I'd have frosting film as you have the privacy and light.

I wouldn't. I'd solve the matter in some other way. For starters, I like my kitchen view. Secondly, something obvious like severe overlooking devalues a property.

Sometimes, one has to spend out to counter something happening on another's property. For example, in November I paid £200 towards having  have two neighbouring Poplar trees felled, rather than wait to see if their owner would decide to deal with them soon. From the moment they hit the ground, my options for the outbuilding they sat beside increased and the likelihood of their roots damaging it, decreased. Win, win.

I also liked my kitchen view, but since the extension I now completely look out on to a brick wall, so I wouldn't be losing all that much. I also have a very tight budget, so there is not much within my price range, anything with plants, planters etc would involve a lot of work on top of cost and would potentially block the already small pathway between the fence and my house. 

I have replied to the planning enforcement officer, stating sections of my local councils own residential amenity standards regarding privacy and minimum distances to ensure reasonable privacy as I cannot see how this is reasonable privacy. Unfortunately I've received an out of office reply. 

At least if I use some privacy film I have some privacy in the meantime, as well as letting some light in, at the moment I feel as though my kitchen is a cave! 

Jeepers_Creepers

Oh, and contact your own actual local councillor - harangue them. IT'S THEIR JOB :-)

safclyndz

Jeepers_Creepers said:

Oh, and contact your own actual local councillor - harangue them. IT'S THEIR JOB :-)

I contacted one way back in August, so as the wall was just being built and the space for the window appeared, they said they'd ask planning to review, obviously since then they've been given permission. I have contacted the other local councillor today, who has said the other is or has dealt with this so he is uncertain to progress. 

I feel as though I am going round in circles. I've got people who think I'm overreacting, others who can't see how its an issue. I only have one friend who has any knowledge in this area and I've done what he's said, and I don't really have any family to help. I'm at a loss at where to go next. 

safclyndz

Latest from the planning officer - 

As you will be aware the application for the two storey side and rear extensions was approved in June 2019. During the construction of this, the applicants included the small additional ground floor window which did require planning consent via a non-material amendment application (NMA) which they duly submitted. However, had the owners decided to insert the window once the development was completed, it would have constituted ‘Permitted Development’under The Town and Country Planning (General Permitted Development) (England) Order 2015 and DCC, as the local planning authority, would have no control over this, regardless of the Residential Amenity Standards Supplementary Planning Document. This was a material consideration which needed to be taken into account when Officers assessed the NMA application, hence the approval of it.

Jeepers_Creepers

Could you post a photo of this window as seen through your own window?

I'm trying to recall the details of this without having to reread 5 pages. Their additional window is on their ground floor, but affects your privacy because their land is higher than yours? If this is genuinely 'Permitted Development', then I can only guess that they assume that bordering fences would normally provide the necessary screening.

The only reason it doesn't in this case is because of the differing ground heights, so you need to compensate by building that trellis screen. If you really don't have the couple of £undred required for this, then keep pressurising the council - and good luck. I know what I would do.

I think it's also clear by now that your neighb is a complete Borisian fibber, and had no intention - unless forced - of frosting that glass.

Remember the mantra - blue and yellow, blue and yellow...