Neighbour planning breach

safclyndz

 

Our houses are lower than street level, then the front of the houses are slightly higher and the gardens gradually slope at the back, my back door is just to the left and there's three steps to ground level. Those are all taken from my eye level. My window is almost 2 metres wide, their kitchen sink is going to be where the window is. I'm aware it's not the biggest window in the world but that's not exactly the point. 

I have been told by a friend that it should have been classed as a material amendment rather than a non material amendment. It was never anything I was informed about or given the option of objecting like you would with the original planning application. 

safclyndz

Nothing further so far, but I've been told by a friends dad (builder) that I should have been informed about the NMA and as I wasn't informed and nothing was updated on the planning portal the planners have been negligent. 

Jeepers_Creepers

Thanks for the photos.

Yes, I can see that you benefited from a nice, green far-reaching view to the left before this extension was built. It's a shame it's lost, but that's just the way it is; they are entitled to build this extension, and so would you have been had the shoes been swapped.

A separate issue is that window. Yes, it's galling, and yes the neighbs have cheated. You probably do have a case should you wish to pursue it - I find it hard to believe that 'Planning' doesn't take into account differing plot heights when deciding what is and is not 'material'.

Your call, but I have to say that what I would do in your case is what I suggested before - a bank of trellis and really nice climbers. Why? Because it'll be FAR nicer to look out on than that large wall - nicely built tho' it is. That's a sunny outlook too, so the foliage will 'glow'.

You have two choices. The first is to pursue this and possibly end up having the neighb forced to 'obscure'. What will that achieve? It'll still be a large expanse of wall and still a window, albeit more private. Because of this, I would still add planting there, because it'll make that outlook far more attractive. But if you'd rather look out on a wall with a small obscured window and the satisfaction of making the neighb back-track, then go ahead.

The other option is to give yourself a much nicer outlook with climbers, and just let the neighb get on with their cheat. By all means let them know what the situation is; how you are surprised and disappointed at what they obviously set out to do from the off, and they've shown no remorse. But - hey - life's too short, so get on with it, pal; I won't be pursuing it - even tho' I believe I could - but instead I'll plant some screening, and you get whatever nice feeling you can out of your inconsiderate action.

The moral high ground can feel pretty good. I should know - I live on it (walks away smugly...)

Doozergirl

safclyndz said:

Nothing further so far, but I've been told by a friends dad (builder) that I should have been informed about the NMA and as I wasn't informed and nothing was updated on the planning portal the planners have been negligent. 

He's wrong.   The planning officer is correct.   Unless in a designated area or listed building, we are all entitled to permitted development rights that allow us to put ground floor windows, unobscured. 

The neighbour applied for permission and was granted it on the basis that permitted development rights would have allowed it.  The officer would have been negligent not to have allowed it. 

Yes, the levels make it inconvenient for you, but there is nothing you can do once permission is granted, not that there was anything you could have done in the first place.   

One permission is granted, the only thing you can do is complain to the local government ombudsman.  They cannot overturn a decision, only recommend compensation if they find that the local authority were in the wrong - which they aren't.  

 With respect, Jeepers has an opinion which is reinforcing what you feel, but your neighbours have not done anything wrong and the advice encouraging you to continue isn't based in the reality of planning legislation. 

You need to stop wasting your energies on complaining and find a physical solution, of which many are available to you and people are trying to help.  I appreciate that there are budgetary constraints, but that isn't the local authority's problem, I'm afraid.  

The view is already restricted as demonstrated by the fence in the way.    In two photographs you can see the top of your own window, no? 

Jeepers_Creepers

Safclyndz, I truly believe you will be much happier in your home if you sort this with a bank of lovely flowers and leaves outside your window, where it'll glow in the sun. Coupled with the always-pleasant knowledge that you are a better person than your neighb.

That's a double-whatsit.

Triple it by remaining on cordial terms - a smile and a 'hello' every time you see them, making it clear you hold no grudge. (Should the opportunity arise, you can also make it clear, if you wish, that you were 'surprised and disappointed', but 'hey'.)

If it's as Doozer says - you have no actual 'case' - then that is making good from a bad situation. Anything else now would be counter-productive for you.

robatwork

Just an aside that we have privacy film on various overlooked windows, including our main window to the street (both hate net curtains and venetian blinds to an unhealthy degree). It's amazing - cuts down possibly 10% of incoming light so we can see out but during the day it's cut down a 100% view of the inside to about 10%. You really can't see inside unless you press your face on the window..

It *says* it has thermal benefits too hugely cutting down incoming heat but that's a bit irrelevant and doubtful anyway.

Installing it wasn't fun - you need to be at level of "competent DIYer" to not get bubbles or gaps around the outside, but I'd highly recommend. We got ours on Amazon.

millie

You could get privacy film that is a one way mirror. Your view would be the same as it is now but no one outside  would be able to see  through it

Jeepers_Creepers

millie said:

You could get privacy film that is a one way mirror. Your view would be the same as it is now but no one outside  would be able to see  through it

That's a very good alternative, millie. I presume it works well? Even if there's light on inside and it's dark outside?

I think I'd still rather look out onto foliage rather than a wall. A well-built wall tho' it is.

Mojisola

Jeepers_Creepers said:

millie said:

You could get privacy film that is a one way mirror. Your view would be the same as it is now but no one outside  would be able to see  through it

That's a very good alternative, millie. I presume it works well? Even if there's light on inside and it's dark outside?

The one a friend has only works when it's lighter outside.  In the evening, it's like being on stage if you don't draw the curtains/blinds.

robatwork

Jeepers_Creepers said:

That's a very good alternative, millie. I presume it works well? Even if there's light on inside and it's dark outside? 

See my post above Millie's. It works fantastically during the day. But doesn't work at all at night when lights are on inside. But by then, you shut the blinds.

This is what I used: https://www.amazon.co.uk/gp/product/B00GC9APVC/ref=ppx_yo_dt_b_search_asin_title?ie=UTF8&psc=1