Privacy Issue

andy9

Hi All,

Looking for some advice on a privacy issue before I approach the council building regs etc!

Neighbours house ( Both houses built in 2006 ) at the end of my garden has a window in the side of the house about 12ft from the ground. From this window there is a clear line of sight into my kitchen and living room.  
The window in question isn't in a room in the house, but on their stairs. I know there are rules surrounding windows directly over looking other peoples property ( particuarly in the side of houses ) , but as this window isn't in a room do the same privacy rules still apply?  I am guessing not as the house was built like this!?!

I was growing some trees to attempt to block out the window, but the neighbour very kindly decided to cut these down without any prior discussion!! So too say we aren't exaclty on speaking terms currently is a bit of an understatement!

Does anyone know what options are open to me in order to try and get some privacy in my garden, living room and kitchen ?

Thanks

The_Unready

Did the neighbour come unannounced into your garden to chop your trees down? 😨

Doozergirl

Plant/place whatever it is closer to your window, then it doesn't need to be as tall, or close to your neighbours.  

There's no point contacting the council.  Even if it weren't allowed, they've been there so long that they would have planning permission by default.  The rules are usually that side facing windows should be opaque glass and non-opening or 1.7m from the floor.  

People don't generally loiter on stairwells for long though.  It's not a habitable room. 

TELLIT01

How far from your property is the offending window?  The houses behind us all have clear windows facing our property.  Our windows face other properties and they all have clear glass too.

Bendy_House

andy9 said:

Hi All,

Looking for some advice on a privacy issue before I approach the council building regs etc!

Neighbours house ( Both houses built in 2006 ) at the end of my garden has a window in the side of the house about 12ft from the ground. From this window there is a clear line of sight into my kitchen and living room.  
The window in question isn't in a room in the house, but on their stairs. I know there are rules surrounding windows directly over looking other peoples property ( particuarly in the side of houses ) , but as this window isn't in a room do the same privacy rules still apply?  I am guessing not as the house was built like this!?!

I was growing some trees to attempt to block out the window, but the neighbour very kindly decided to cut these down without any prior discussion!! So too say we aren't exaclty on speaking terms currently is a bit of an understatement!

Does anyone know what options are open to me in order to try and get some privacy in my garden, living room and kitchen ?

Thanks

A few issues here, Andy.

The stand-out one is if this neighb cut down your tree on your land, then that's criminal damage and you can take action if you wish, such as a civil claim for damages. For this you would need to demonstrate that - on balance of probabilities - what happened is as you describe.

Do you have Legal Protection on your house insurance? Cool, you can call them up for a chat, but don't take it any further until you are certain this is what you want to do.

The other issue is the window itself. How long have you lived in your house? How long has this window had clear glass (I'm assuming it has, or else there wouldn't be an issue)? And do you have any specific concerns about lack of privacy - eg have you seen the neighb peering out that window, or summat?

Ok, legal practicalities - as far as I know and understand them, so don't take this as gospel until confirmed by other sources such as your LP.

1) If this neighb's deeds, and yours, includes a covenant or easement that states that they have a right to light via that window, then you need to conform to this. So don't plant a tree - too close, at least. I doubt this is the case, tho', so chances are the neighb is stuffed, and not you.

2) If the original plans for that house - and good chance you'll find this on the council's Planning Portal - state that this window should be opaque, then you can - in theory at least - take action against them to force them to revert to this. Much easier done if you have LP...

3) Regardless of your or their 'rights', what the neighbour did to your tree was literally criminal, and you should take action to warn them against trying that again - this is called a 'cease and desist' notice. Follow the correct procedure, and make sure its delivery is provable.

4) If you can demonstrate with a pretty clear accumulation of evidence (eg, records of conversations you've had, previous threats, etc) that there's enough to tip the 'balance of probability' firmly down on your side that the neighb did cut your trees, then you can take civil action against them for damages. This essentially involves getting, say, three quotes from Tree Surgeons/Nurseries to put right wot they did wrong, followed by a 'letter before action' giving them the neighb a chance to cough up to the tune of the lowest quote, or else you'll take it further. Again, much better done if you have LP.

5) If you don't want to go 'legal', then you can still send them a 'cease and desist' letter, plant new trees, and set up a CCTV camera to protect that area. Any further move by them, and you will/must act. Involve the local police. They will check your evidence, and - if solid (ie caught red-handed on CCTV) - then you insist they act to prosecute. If the evidence you have isn't concrete, so the police state, reasonably, that whilst the evidence is certainly 'suspicious' but is sadly not 'conclusive', then you should still have more than enough to take out a civil claim.

Can you tell us a bit more about how the neighb managed to cut down your trees? What type of tree was it? For a replacement, how about a nice Port Laurel? Evergreen, dappled, fast, but not as dense as, say, a Leylandii?

For instant results, I think you can build a 2m high platform, and have a 2m tree/bush/bamboo in a large pot :-)

FreeBear

Bendy_House said:  For a replacement, how about a nice Port Laurel? Evergreen, dappled, fast, but not as dense as, say, a Leylandii?

For instant results, I think you can build a 2m high platform, and have a 2m tree/bush/bamboo in a large pot :-)

Laurel is a right thug of a tree/bush and is a major pain in the rear to get rid of when the time comes.

Putting in a 2m raised platform may fall foul of planning regulations, depending on size. Bamboo planted in a large pot would certainly work though. Fast growing, and can reach 30m in height depending on species (https://www.gardenia.net/plant/dendrocalamus-giganteus ).

Bendy_House

"Laurel is a right thug of a tree/bush"

In what way?

(Ok, a 1.8m platform...)

Doozergirl

Bendy_House said:

"Laurel is a right thug of a tree/bush"

In what way?

(Ok, a 1.8m platform...)

You can't build a platform of more than 30cm without planning permission. 

And you can't do anything about the planning permission situation of the window if the status quo is more than 4 years old. 

Bendy_House

Doozergirl said:

Bendy_House said:

"Laurel is a right thug of a tree/bush"

In what way?

(Ok, a 1.8m platform...)

You can't build a platform of more than 30cm without planning permission. 

And you can't do anything about the planning permission situation of the window if the status quo is more than 4 years old. 

When is a platform not a platform? When it's a plant stand :-)

You can build structures - sheds, huts, gazebos, pergolas, whatevs in your garden, and these can be - how tall? 2m 2.5m?. So, one of them - with a plant pot on top.

A normal tree is the more sensible option, tho'.

Ah, yes, I'm aware you cannot enforce a planning breach after 4 years, so if this window is clear glass, and has been for more than that time period, then the OP is pretty much stuffed from that POV. I did ask the OP how long it has had the - presumably - clear glass.

twopenny

I have 3 windows from attic conversions looking into my kitchen and lounge and at the front from flats so I have some sympathy.
Wonder why, where you planted trees and why your neighbours felt the need to cut them down?

Bendy_House

twopenny said:

Wonder why, where you planted trees and why your neighbours felt the need to cut them down?

Very likely arrogant entitlement.

If it's as Andy says, then it is a criminal act.