Blocking window with garden structure

chris.lewis

My neighbour has started to build a garden structure which looks like it will eventually be a pergola with a deck. On the pergola posts they have started building a trellis directly in front of a high level window we have in our home.

Are they allowed to do this?

Bendy_House

How close is it? Can you describe the layout - your house/window, garden, boundary, neighbour's garden, position of pergola, etc?

Does it block a view or light?

You may have an established right to light, but not to a view.

And there are Planning limitations on the height of any raised decking, I understand - how high off the ground is your neighbour's?

chris.lewis

It’s within about 50cm of the boundary. The window runs along the side of the house which backs onto their garden and their new structure runs parallel to the window.

I wouldn’t describe it as blocking a view as the view is just of their house/garden and the window (a high level one) is only there to allow light. It does block some light coming in but as it is a trellis it does still allow light through. 

the decking isn’t built yet so I don’t know how raised it will be.

Bendy_House

On which floor of your house is this window?

When you say 'within 50cm' of the boundary, I presume you mean on their side? So how far is this boundary from your house wall? (Please don't make me ask three times, because I won't.)

Can you see out of this window, or is it positioned high enough above eye level to not permit this (unless standing on a chair!)?

I understand there are limitations to the height of garden buildings if it's less than 2 m from a boundary - you'd need to check the actual specifics (see the Planning Portal on your LA's site).

And - what exactly is your issue with their construction?

TELLIT01

I don't think a pergola will generally be classed as a building but in this instance I understand it's only going to be a post and possibly one piece of timber (if it's part of a pergola frame), and it will be entirely within their own garden.  I very much doubt the OP can do anything about it.

chris.lewis

Thanks for the replies! It is a ground floor window, and the structure is on their side of the boundary and my window is in a wall which is about 30cm away from the boundary line. Their new structure is within 1m of the window.

the window is 1.7m above floor level and you can see out without standing on a chair. Their new structure goes about 50cm taller than the top of the window but I don’t think it goes above 2.5m.

My issue with it is that it is blocking light and I guess they plan on growing plants up the trellis which will block light further. 

unforeseen

Is the window in a habitable room? 

chris.lewis

Yes a living room

Bendy_House

chris.lewis said:

Thanks for the replies! It is a ground floor window, and the structure is on their side of the boundary and my window is in a wall which is about 30cm away from the boundary line. Their new structure is within 1m of the window.

the window is 1.7m above floor level and you can see out without standing on a chair. Their new structure goes about 50cm taller than the top of the window but I don’t think it goes above 2.5m.

My issue with it is that it is blocking light and I guess they plan on growing plants up the trellis which will block light further. 

1.7m is high, so I guess it was designed to maximise light input since there would be little point fitting one only 30cm from a fence or wall.

They don't appear to be doing anything that's contrary to Planning, provided the overall height is kept under 2.5m as you say. However, they might possibly be falling foul of your right to light, but that needs some proper advice or Googling.

Is your window a narrow 'slot' type, around 300mm high? I don't otherwise follow "the window is 1.7m above floor level and you can see out without standing on a chair. Their new structure goes about 50cm taller than the top of the window but I don’t think it goes above 2.5m" part.

Does your land slope upwards towards this boundary?

Do you have legal protection on your house insurance? If so, I think they'd be worth calling for advice.

Mojisola

chris.lewis said:

Thanks for the replies! It is a ground floor window, and the structure is on their side of the boundary and my window is in a wall which is about 30cm away from the boundary line. Their new structure is within 1m of the window.

the window is 1.7m above floor level and you can see out without standing on a chair. Their new structure goes about 50cm taller than the top of the window but I don’t think it goes above 2.5m.

Perhaps they are putting it there deliberately so that it gives them some privacy in their garden.

Rosa_Damascena

Mojisola said:

chris.lewis said:

Thanks for the replies! It is a ground floor window, and the structure is on their side of the boundary and my window is in a wall which is about 30cm away from the boundary line. Their new structure is within 1m of the window.

the window is 1.7m above floor level and you can see out without standing on a chair. Their new structure goes about 50cm taller than the top of the window but I don’t think it goes above 2.5m.

Perhaps they are putting it there deliberately so that it gives them some privacy in their garden.

That's what it sounds like. If the OP gets to view a wall of roses come June I'd say everyone's a winner.