Neighbour's non-conforming window just been replaced - by the same.

Jeepers_Creepers

Hi all.

This is similar to a recent thread on here about a breach of Planning Permission to do with a window that 'shouldn't' be there.

A friend has a neighb with a 1st floor window in a wall which is built right on their boundary and looks directly down on their garden and back of their house - there is near zero privacy in their garden and two bedroom windows due to this. They knew the window was there when they bought their house over 10 years ago and also appreciated it had been there for a while, so they accepted they couldn't do anything retrospectively about the actual window, but resolved the privacy issue by planting a tree a couple of metres inside their garden. It's clearly a window that wouldn't be permitted today, and probably wasn't even at the time - this neighb just does stuff to his house as he feels fit (recently he's fitted skylights, patio doors, etc - non, seemingly, with PP or BCO oversight.)

A year ago the neighb DIY-replaced this offending window with a similar clear-glass opener (again, seemingly no BCO approval), but my friend took no action since the tree he'd planted was doing the job required, and he didn't want to engage in an unnecessary dispute. However, the neighb has recently started grumbling about my friend's tree, complaining that it blocks his light. It probably does, but not by much - it's at least a couple of metres away from their window, has a large-leafed but not dense foliage, and is deciduous.

When my friend bought their house, there was a row of conifers growing tight against that boundary, but these were kept in check by the previous owner trimming them to just below this window height; he's since been told that the neighbour was essentially intimidating the previous owner to keep these conifers trimmed down. My friend cut the row of conifers down completely and planted the single deciduous tree instead - further away from the boundary - but has allowed this to grow higher than the window to provide the privacy they need.

Anyhoo, I've suggested to my friend that, since the neighb has replaced this window, the replacement should - perhaps - conform with current PP regs? I don't know if this is the case, tho'. Ie, could he be obliged to fit obscure glass?

grumbler

AFAIK, generally, all windows, if replaced, have to be approved by the BC, but, regardless, I'd just  promise the neighbour to trim the tree only in exchange for an obscure non-opening window and let him keep grumbling otherwise.

FreeBear

Jeepers_Creepers said: Anyhoo, I've suggested to my friend that, since the neighb has replaced this window, the replacement should - perhaps - conform with current PP regs? I don't know if this is the case, tho'. Ie, could he be obliged to fit obscure glass?

Replacing just the glass or sealed unit does not require PP or BCO as long as it is a like for like replacement - It is regarded as a repir.

Replacing the window frame as well triggers building regs approval and should comply with current thermal performance and glass type.

Jeepers_Creepers

Thanks gents.

I'm pretty sure the whole window was replaced as he says the neighb 'angle-grinded' the opening to make it slightly larger.

If my friend wanted to make a fuss due to non-conformity, how long does he have? The window was replaced mid-2019. (I don't think he wants to do this, but it would be nice if he could say "Shaddap, or I'll tell...")

DevilDamo

Assume this existing window does serve a habitable room as opposed to a circulation space?

Irrespective of the above and as the window is existing, I think your friend will struggle to get them to change it to something that offers more privacy. Unless the neighbours’ property is listed or located within a conservation area, I don’t think the LPA could or would want to get involved anyway. Even if it went down the Appeal route, the Inspector would almost certainly look at the previous/existing situation and would state it’s no worse.

Your friend could play devils advocate and politely suggest to the neighbour of the ‘possible’ Planning and Building Regulation implications if the window alteration. The options are... tree stays and window stays or tree is removed/reduced and window is made obscured. So kind of along the same lines as @grumbler. 

Jeepers_Creepers

DevilDamo said:

Assume this existing window does serve a habitable room as opposed to a circulation space?

Irrespective of the above and as the window is existing, I think your friend will struggle to get them to change it to something that offers more privacy. Unless the neighbours’ property is listed or located within a conservation area, I don’t think the LPA could or would want to get involved anyway. Even if it went down the Appeal route, the Inspector would almost certainly look at the previous/existing situation and would state it’s no worse.

Your friend could play devils advocate and politely suggest to the neighbour of the ‘possible’ Planning and Building Regulation implications if the window alteration. The options are... tree stays and window stays or tree is removed/reduced and window is made obscured. So kind of along the same lines as @grumbler. 

I think it's their kitchen.

I'm loving your last comment - that's inspired! Don't know if that's occurred to my friend - can't wait to tell him. It's like a 'checkmate'. :-)

Thanks.

TELLIT01

If the previous window was clear glazed I very much doubt if the friend can now force the house owner to fit obscured glass.  Our house and that of our neighbour are offset by about 6 feet but both have clear glass in the landing window which means we can see directly onto their landing and vice versa.  We, and they, have vertical blinds at this window, angled to provide privacy.  The houses were built 50+ years ago if that makes any difference.

Jeepers_Creepers

Fair do's, TELLIT. No idea how old the houses involved here are, but I understand the situation was like that long before my friend moved in.

I'm going to pass on what DD said - that strikes me as being perfect :-)

sgun

Make sure your neighbour knows what type of tree it is and looks up the correct way to prune it. You can't just reduce the height by chopping the top off. Thinning might be a better option and wouldn't be a bad thing to do anyway as it would get rid of any damaged wood. Deciduous trees are better pruned in winter (not if it is an ornamental cherry or a poplar though).

Jeepers_Creepers

Thanks sgun, but my friend would be doing any pruning as it's his tree, and not the neighb's. I'll pass on your comments.

(What happens if you just 'top' a tree?)

Mojisola

Jeepers_Creepers said:

Thanks sgun, but my friend would be doing any pruning as it's his tree, and not the neighb's. I'll pass on your comments.

The neighbours will be able to cut back anything growing over the boundary but that's all.  They shouldn't touch the height.