Is frosted glass required for a replacement upper side elevation window?

cryinginside

Hi all, 

My neighbour has recently replaced a single glazed 1st floor side elevation window with a new double glazed window. It is fairly similar to the previous window but has slightly increased in size (by about 4 inches). It is clear glass and overlooks our garden quite badly as it is in a boundary wall. We have politely asked if she would consider obscuring the glass to improve our privacy but she refuses to obscure the glass. It previously wasn't frosted which didn't bother us when we bought our property, but have seen her watching us covertly out of this window on quite a few occasions and we find it rather creepy. 

Digging around, we have discovered the following planning law: " if new windows are in an upper-floor side elevation they must be obscure-glazed and either non opening or more than 1.7 metres above the floor level." The window opens outwards into our airspace from the bottom, which we also don't like. 

She maintains that as its fairly similar to the previous window, that she doesn't need to obscure it  and keep it closed as she is exempt from planning. Can anyone shed any light on who is right here? Thanks in advance for your help.

TELLIT01

Speak to your local council planning department.  There was a window there before so it may not be classed as a new window.  Alternatively the council may confirm that due to the size change it does have to be obscured glass.

Doozergirl

What you are quoting is correct.  

She may also be correct about a historic window that hasn't previously been complained about, but I do believe that if it has changed size, that planning rules will be triggered again. 

Do contact the council, I'm pretty sure they'll send a letter asking her to make it opaque.