Neighbour's Problem Windows

Taylor1973

Our garden is bordered down one side with the external wall of a commercial building (car mechanics). According to our deeds, this is a party wall. In addition, we are within a conservation area.
Without notice, the owner required access to our property to fit new windows, which we allowed as we (wrongly & naively) assumed they had planning permission. There are 3 windows on the wall; an old metal characterful window that was unable to open and 2 quarter-lights. These have now been replaced with uPVC which open fully, rather than quarter-lights. Since then, they have regularly opened the windows which means:
1) they can now open the workshop window (the one which previously could not open) causing spray paint/solvent/exhast smells into our garden, plus additional noise from squealing machinery which could barely be heard previously
2) all windows now open wide from the bottom which has reduced any sense of privacy we had when they were quarter lights as they can see/hear us (and we can see/hear them) in a way that we couldn't when they were unable to open/quarter-lights
3) the windows now hang open over our garden, causing a protrusion that wasn't there before
We have asked them to stop, but they have essentially refused and told us to get lost. We haven't spoken to the Local Authority as yet, as we understand they don't deal with Party Wall issues. However, I'm not sure where we stand because the owner did not obtain planning permission and I understand that abatement orders can be served for noxious smells/noise. I have kept photos of the windows being opened, a video (recording the noise), plus a smell diary in anticipation that we may issue a formal complaint. Does anyone have any advice, please? 

TELLIT01

Contact the council planning department.  This isn't simply a party wall issue is it a general planning one.

Jeepers_Creepers

1) If that wall is 'on' the border, then their opening window sections are trespassing.

2) PP might not have been required in order to replace existing windows - tho' it might do since they were not replacing like-for-like (some of these are now full-openers, for example). PP at your LA will soon tell you.

3) Who fitted the windows - did you see the name of the company? I think the correct procedure is to either use a certified installer - eg Fensa - and then the installation is registered at Planning/Building Control at the LA, or else the BCO comes out to check and register the installation themselves (a paid-for service). Either way, I think Building Control should be informed.

4) Obviously you should have protection against excessive fumes and noise - that's an Environmental Health issue.

5) Rules for conservation areas vary a lot - some are very finicky about physical changes (a bit like 'Listed' status), others are relatively flexible. Very presumptuous of them to act unilaterally, tho'.

Do you have Leg Prot on your house insurance? Good - call them up for advice.

It seems pretty clear to have a bunch of chancers in that car business. Anyone normal would know they were doing wrong, or at least understand they were (literally) pushing the boundaries. You've approached them - the correct first move - but you have been unceremoniously rebuffed. What exactly did they say to you? Write the content of your conversation down. If they used words and/or mannerisms that were genuinely unreasonable/intended to be intimidating, for example, then make sure you have your phone set to record should you speak to them again.

I'd be inclined, therefore, to go in with everything available to you. Contact the Planning dept regarding the change of window style - ie the physical aspect of openers which are able to - and do in practice - encroach over your boundary. Also remind them it's a conservation area (it might help). Contact BC and ask if the replacements have been registered with them. Contact Environmental Health regarding the increased levels of noise and pollution - good chance this can be considered a 'statutory nuisance' - an unlawful interference in your right to enjoy your garden. Contact your local councillor for their support - that can help to put pressure on the various LA departments above.

And be guided by your LP advice.

Taylor1973

Thank you both. I have checked my home insurance,  we don't have a helpline, but have legal expenses up to £25k. I believe the owners did use a Fensa approved window company but, as you suggest, the windows are not like for like. They are now an 'awning' style, opening right out from the bottom, rather than the previous quarter-lights (and one that didn't open at all). We will consider taking this forward - any hesitancy we have is having to declare this if we sell on. But then doing nothing and selling on has its pitfalls too. What I'm not sure about, is what can the LA can do in practice? I'm guessing it's unlikely they will ask the owner to replace all windows and we will end up relying on them complying with an abatement order that requires them to keep them shut/not trespassing (which, knowing the owners, they are likely to abuse). Thanks again, I do appreciate your input. 

Jeepers_Creepers

The LA can do a lot - if they are inclined to. And it's up to you to 'incline' them

Also a good reason to have an active councillor on your side; many are very good (especially in close-fought areas...).

You can pussyfoot, but I don't think that'll help you. Some things just NEED sorting, for both your own peace of mind and also for future resale.

Let's be honest - any future buyer will be fully aware that there's a garage next door. They will be on the lookout for issues arising from this - "Does it get noisy? Any smells?" and will also notice the windows. You must answer honestly anything they ask, and far better to be able say "They fitted new PVC double-glazing a few years back which actually cut the noise down even more...and they are obliged by the council to keep them shut" rather than fudge any answer with an "Och, it doesn't bother us that much - you get used to it. Yes they open it sometimes but I didn't want to cause an issue by complaining..."

Excellent - you have LP. That means you DO have a helpline. Call them up, and explain you are only looking for advice and guidance at the moment (action might be needed later if the LA are pathetic). I suspect they'll recommend most of what's been said before - contact planning, BC, EH - and keep them updated on response.

(And keep in reserve the actions you can take yourself later if needed... Oh, how about strong fence posts erected right on your border in front of the openers? Like that? Yup, me too. I KNOW! I KNOW! - how about attaching pointed hammerheads to each one facing their panes, should they be inclined to try opening them! Then plant trees - obscure the windows completely. Always good to have a plan in reserve...).

Jeepers_Creepers

Oh, and I mean this, any 'aggression' or intimidation; swearing, gesticulating, stuff like that from the garage owners, have your local Bobby on speed dial. It is unacceptable. People like that need to KNOW they have to behave.

May I ask - can you be considered a 'vulnerable' person in any way? Elderly, for example? Or is there anything else that can add to your concerns - do you have young children who use the garden, for example, and hear cussing or frightening bangs coming from the garage - anything like that? Don't over-egg or over-emote any issue, tho' - just be reasoned and factual. Not that I'm painting all garage employees like this! But if you place yourself in this garage owner's shoes, they must have known that what they were doing was really anti-social; it was really going to impact on a family's life. If they need ventilation, then fit mechanical devices. If they need light, fit more lamps.

Taylor1973

Thanks again Jeepers-Creepers. Funnily enough, when first feeling deterred about the enormity of it all, I bought very tall fence posts and 6ft trellis panels (in the garage at the moment), so back up is here should I need it. I thought that might get us in trouble though. Sadly, the owners are very established in the area compared to us newbies, but they have made enemies too, due to their uncaring attitudes about other things. I am an unpaid carer for my child who suffers from anxiety, so there is a 'vulnerable' person here. I feel he can no longer play on the lawn for fear of balls going into their property and generally feeling that they are watching us. (I'm sure they aren't but it just feels that way now). They are life's chancers type of people, unfortunately. I feel heartened knowing that we can call for some legal advice without huge fees to deter us. Thank you. 

FreeBear

Taylor1973 said: I bought very tall fence posts and 6ft trellis panels (in the garage at the moment), so back up is here should I need it. I thought that might get us in trouble though.

I was going to suggest some fence posts...

But, depending on the depth of the foundations of the wall, you may not be able to dig holes deep enough for 6' posts. With what you have said about the neighbour, I wouldn't recommend drilling holes in to the wall to fix the posts.

Jeepers_Creepers

Taylor1973 said:

Thanks again Jeepers-Creepers. Funnily enough, when first feeling deterred about the enormity of it all, I bought very tall fence posts and 6ft trellis panels (in the garage at the moment), so back up is here should I need it. I thought that might get us in trouble though. Sadly, the owners are very established in the area compared to us newbies, but they have made enemies too, due to their uncaring attitudes about other things. I am an unpaid carer for my child who suffers from anxiety, so there is a 'vulnerable' person here. I feel he can no longer play on the lawn for fear of balls going into their property and generally feeling that they are watching us. (I'm sure they aren't but it just feels that way now). They are life's chancers type of people, unfortunately. I feel heartened knowing that we can call for some legal advice without huge fees to deter us. Thank you. 

Keep the posts in the garage until this is all resolved! Regardless of the outcome, you'll probably want to screen the windows off anyway. Hopefully it'll be in front of windows they are forbidden to open. But I'd leave it for now. (If you put up a fence, you will almost certainly get "You've put a fence up - what more do you want?!"

Were/are any of the windows clear-glass - the originals or the new? Or is it just the fact that these open up more that causes the loss of privacy? I don't think that Planning will be impressed by a boundary window that has obscure glass - but can be opened!

I think you should still encourage your child to play footie in your garden, as any parent would. Your reasons for not doing so - tho' It's not for me to comment on how valid they are in your situation - are 'presumed' rather than 'fact', at the moment at least. I mean, the garage employees might be perfectly happy to return the ball should it go over the wall - they might even do so with a genuine smile; they'll likely have kids themselves. And, as you say, the chances are they are not looking out these windows at all, but just getting on with their work. BUT, should the ball go over and they refuse to return it - or do so in an unpleasant or churlish manner - then you have additional 'ammo' against them. Ditto if you actually see a face looking out the window when your child is out there.

Do you have a camera fitted to cover your garden? I think it's something to consider.

At the moment all we 'know' is that the garage owner is a chancer, and not very empathetic. He might not be downright evil :-)

Anyhoo, if you haven't done so, call up your LP and be guided by them. Get in touch with Planning, BuildControl, EnvirHealth and your councillor. Calm, rational, unemotive - just relate the facts.

Good luck, and please keep up updated.

LornPL

UK planning law states that new side elevation windows (assuming this is true of replacement windows) need to be obscured and fixed shut if within  0-1.7m of floor level. I'm too new to post the link to planning website unfortunatly but if you search for 'planning windows and doors' it should bring relevant page up as first link. 

Rosa_Damascena

LornPL said:

UK planning law states that new side elevation windows (assuming this is true of replacement windows) need to be obscured and fixed shut if within  0-1.7m of floor level. I'm too new to post the link to planning website unfortunatly but if you search for 'planning windows and doors' it should bring relevant page up as first link. 

Huh?