Neighbour's Problem Windows

EssexExile

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. 

Only above first floor I believe.
https://www.planningportal.co.uk/info/200130/common_projects/14/doors_and_windows

Taylor1973

Thank you - we won't be doing anything with the fence posts/trellis as yet, but it's nice to have them just in case. The original windows were not obscured - the business was there before our house (which may not help matters), which was built on a small woodland plot. The new windows are obscured but, as you say, they null the sense of privacy by opening them wide enough to see out. Their windows are on their ground floor but our ground floor is built lower into the plot so they appear higher from our side. I assume the regulations are based on their building rather than ours? The other thing they did say was that their windows now satisfy the fire regs officer. We are wondering if that means they've been approved as fire exits across our property. 

Sandtree

Jeepers_Creepers said:

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

But as they are replacing previously opening windows then there could be an implicit license if the previous trespass has been allowed for the prescribed duration without action... as far as I am aware there is no concept of degree of trespass, ie that when the windows overhung by 6"  it was ok but now is unacceptable that its 12"

Jeepers_Creepers

Quite possibly, Sandtree - it's probably pretty 'grey'. Sounds like significantly different levels of 'trespass', tho'.

The fire regs claim is - I suspect - a red herring planted by the garage owner, unless these are particularly large windows designed for this and there's no alternative exit route. But Planning will soon clarify that issue.

Of course, if by some bizarre twist they DO turn out to be fire exits, that means any hope of covering them with posts, fence panels, trellis or trees will be out the window.

'Reason' would suggest to me that they cannot be official fire exits; surely not exiting over someone else's land, and with the potential of that route being compromised by plants and fences. I mean, could it really be the case that a private home-owner cannot plant trees on their own land or put up a decorative fence because it'll block a business fire exit?! And, this was definitely NOT a fire exit before the windows were replaced.

I suspect, very strongly, that the owner is BSing you, Taylor, hoping to fob you off from taking any action. In which case they deserve nothing, no compromise, nothing owed.

Have you call the folk you should be calling yet? Nothing to be lost by doing this.

Remember:

1) The original windows were 'clear' glass, but were so dirty they were effectively opaque, yes? (Obviously, only if this is correct).

2) Privacy has now been lost due to the fact the new windows open fully, and are usually left open during the working day.

3) Working noise levels have increased dramatically due to the windows being open, whereas before it was just the small top openers which probably aimed the sound more upwards.

4) Some of the noises are very loud, sudden and piercing - use of pneumatic drivers, etc., and with regular loud metallic clangs; it is next to impossible to now relax in the garden as these sudden noises make you and your child 'start'.

5) The levels of smells issuing from the garage has also increased very noticeably, and these clearly include 'solvents' presumably from a painting process. You presume this is due to the opener now being closer to ground level, so these fumes do not disperse from top-openers as before. Surely these should be extracted away via vents at roof level?

6) You suspect the garage owner has been untruthful to a Borisian level, from when they first gained access to your garden to install them with zero notice, to the 'justifications' for them offered since then.

7) Anything else you can think of.

Facts, tho'. And don't over-egg. Much.

Taylor1973

Borisian  Thank you - I've not made the phone calls yet as wanted to make sure I had all facts pulled together. Rightly or wrongly, last week I had adjusted a piece of wood onto our existing fence, which limited the opening of one of the windows. The owner saw me do it and threatened a solicitor's letter so I am waiting to see if anything comes of that. They left one of their windows open slightly ajar after closing yesterday and due to the strong winds during the night, it was blown wide open - so another issue is the security/burglary risk they are creating over our garden. It's a long list of problems. Last year, a towel and tissues dropped into our garden - at the height of the first wave of Covid. 

Sandtree

Jeepers_Creepers said:

Quite possibly, Sandtree - it's probably pretty 'grey'. Sounds like significantly different levels of 'trespass', tho'.

The fire regs claim is - I suspect - a red herring planted by the garage owner, unless these are particularly large windows designed for this and there's no alternative exit route. But Planning will soon clarify that issue.

Of course, if by some bizarre twist they DO turn out to be fire exits, that means any hope of covering them with posts, fence panels, trellis or trees will be out the window.

I wasnt sure what "quarter light windows" are in reference to buildings... did bring back fond memories of my first car though that was almost as old as me when I bought it and I'd never seen the front quarter light windows before.

Hopefully not an intended pun!

I'd be surprised, from the description, that they are formal fire exists, though if it is a party wall on both sides it would mean the only safe exits presently are from the front of the building. My highly limited experience of fire regs is that poor design is allowed to be persisted if it was compliant at the time unless significant works are being done at which  then requires it to be brought up to code. A former client had trouble selling one of its old office blocks because the building only had one fire escape and retrospectively putting in a new stairwell in an 8 story building isnt simple.  No idea how these things work if a compulsory alternative exit route requires crossing someone elses land (eg in a mid terrace)

sevenhills

Taylor1973 said:

They left one of their windows open slightly ajar after closing yesterday and due to the strong winds during the night, it was blown wide open - so another issue is the security/burglary risk they are creating over our garden. It's a long list of problems. Last year, a towel and tissues dropped into our garden - at the height of the first wave of Covid. 

If its a business they will not be there 24/7, I think a security risk in your garden to being rather dramatic. If they were there first, do you leave windows open creating a security risk for them?

If they were there first, how can you complain at all?

Taylor1973

I'm not being dramatic - what I mean is, it is their security risk. I don't care if anyone breaks into their garage, however, I do care if it encourages trespass on our property to do it. Rural crime is fairly rife and they have a lot of equipment/machinery of interest. Can you clarify, are you suggesting I have no right to complain about any of the aforementioned issues raised (because they were there first), or just the security issue I mention? 

FreeBear

Taylor1973 said: The owner saw me do it and threatened a solicitor's letter so I am waiting to see if anything comes of that.

A solicitors letter will cost him £100-250 and be full of weaselly words and vaguely scary threats. Any such letter can be safely ignored, although you could send a simple Arkell-v-Pressdram reply (that will cost him another £100 or so).

If paid enough, any solicitor will send out scary letters. They mean nothing and carry no weight in law. 

Taylor1973

I had to look that up. 😁 So presumably we'd only need to respond if they issued a court order? Which I'm guessing they won't as they'd then have to declare their can of worms...🤔