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Original poster

Neighbours application approved with a window overlooking our property

55 replies

martynka85 · 23/01/2018 14:48

Hi I hope anyone would be able to help or at least give a bit of advice please.
Long story short...we live on a corner plot, our neighbour who’s house is at the bottom of our garden applied for a first floor extension. We were originally notified by the council but as there were applying for one obscured window to the side we didn’t raise any concerns. Fast forward a few months, the built has started and much to our surprise another window appeared on the side of the extension. We checked the plans online and apparently they have been resubmitted including the extra window which is going to be clear! Not only we didn’t know anything about it as we haven’t been informed about change in plans, but also apparently you can’t have a clear window if the property is 22 meters or less away from a neighbouring one. We are 21 meters away from them. The problem is that the plans have been approved by some rooky contractor who no longer works for the council. Planning department is washing their hands from it and if I have to speak to yet another person in that department I think I will go crazy! I don’t want to be unreasonable and they can keep their extra window in but I would like it to be obscured as the whole garden and back of the property including my daughters room is overlooked! What chance do I have for them to put extra conditions in the original agreement, what is the best way to go about it?

OP posts:
Snowdrop18 · 23/01/2018 17:59

OP I am not a lawyer

but my understanding is that planning laws have been massively relaxed

with the 1m difference it might be that your first option is to go to the neighbour and ask if they'd consider putting in opaque glass

otherwise you are going to need to ask yourself if you want to engage in legal action over this - again, I'm not a lawyer but as I have seen a lot of people suffer from more relaxation in planning laws - or is it regulations rather than laws? - I would be surprised if you could get the window removed.

Original poster
martynka85 · 23/01/2018 18:02

Hi guys, thanks for all your replies, some made me chuckle 😂🙈 I enclose a rough picture of the situation. The plans have been approved by our council already, we weren’t made aware of revises plans nor they’ve taken into account the distance between properties. My problem is that you can see into my daughters room a little playroom we have on ground floor and our kitchen. We are planning to have an extensions as well so the new room windows will be looking into that unfortunate window 😒 and the whole of the garden is overlooked. Not that I am much of a sight but don’t particularly want to feel conscious in my own garden😖 I understand that 1 meter is not that far but those legal restrictions of measurements are there for a reason and I thought the building regs were quite strict hence I don’t understand on what basis that extra window was approved. If I plant the trees in there and they disturb the neighbours drive or god forbid foundations won’t I be then held accountable? I will call building control department tomorrow and seek advice.

Neighbours application approved with a window overlooking our property
OP posts:
2beesornot2beesthatisthehoney · 23/01/2018 18:30

As I understand from the OP an application was submitted the OP consulted as a neighbour and then new plans submitted altering the window? They were not consulted on the revised plans. OP is this correct?

AnotherPlaceAnotherTime · 23/01/2018 18:44

JR time limit in planning cases is 6 weeks. I doubt this would succeed.

The Council should really have consulted you on the amendment to the plans. I suspect they will say they didn’t think it was a material change which needed to be consulted upon again.

I would personally make a complaint through the formal complaint procedure and see where you get to. You may be able to refer the matter to the Local Government Onbudsman.

Original poster
martynka85 · 23/01/2018 18:45

I know it seems quite a distance but it’s not only the house being overlooked I’m worried about but the whole of my garden. Plus if there is a guideline i just don’t understand why they didn’t stick to them. And wat really pisses me off is the fact we weren’t made aware of amendments in the plans, we would have definitely objected then 😒

OP posts:
Original poster
martynka85 · 23/01/2018 18:50

The extra window has been included on the second lot of plans and unfortunately approved 😖

OP posts:
Original poster
martynka85 · 23/01/2018 18:55

The first application that was made in April we were made aware of, and that included only one window which was meant to be frosted. We haven’t raised any concerns then because we were satisfied with that window being there but then in late June revised plans have been submitted without consulting us and approved a week later!

OP posts:
Iamagreyhoundhearmeroar · 23/01/2018 19:05

They shouldn't have been approved a week later Shock. That's not long enough to publicise the plans.

Snowdrop18 · 23/01/2018 19:07

OP as I said...if you talk to the neighbours about a frosted window, that will certainly be the cheap first try option.

While you're there, gently imply that only an oddball would want to be directly staring into the neighbours garden Grin

so frosted window should be no issue as it lets in light.

LIZS · 23/01/2018 19:10

Is it recorded online? Any changes should have gone through a process.

5plusMeAndHim · 23/01/2018 19:17

I think probably they put up notices for the revised plans at the same time they took the original ones down.so unless you looked carefully you wouldn't have known

Laiste · 23/01/2018 19:20

Bellamuerte your post about planning and building regs ... did you have an architect drawer up your plans for your extension? I'm a bit concerned about what you said re: planning saying saying yes and then building regs saying no.

(we're about to embark on a very big build)

Drinaballerina · 23/01/2018 19:25

Have you asked them? The previous owners of our house put an unobscured window in looking straight into neighbours window and garden and they and the ndn had almost all out war over it.

I'd speak to them first and express your concerns. Then i would have thought back to planning, or your local councillor maybe?

EggsonHeads · 23/01/2018 19:31

Why don't you just put up a fence?

Original poster
martynka85 · 23/01/2018 19:33

That’s what I thought....

OP posts:
Original poster
martynka85 · 23/01/2018 19:37

Yes it’s recorded online, all the dates etc. I need to find evidence that resubmitted plans still need to be consulted with a neighbour who will be directly impacted to make my case stronger 😒

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Original poster
martynka85 · 23/01/2018 19:38

We have a normal fence up there but it being a first floor extension the fence would have to be huge, not sure they would approve that...

OP posts:
waterlily200 · 23/01/2018 19:40

If the original application was not determined then they can submit amended plans without consulting neighbours if they are considered to be 'non material'. The addition of a single window could easily be considered non material. Can i ask do u know which room the window is in? Is it a new bathroom/bedroom/hallway?

It is not a legal requirement for a 22m separation. This would be a local plan policy. They should have explained in the officer report why they thought it acceptable not to meet this distance. This should also be made available to u either online or on request. However if they do not have an up-to-date local plan then the policy could be considered to be 'out-of-date which restricts the weight it can be given in the planning balance. As such the impact of that additional window may not have been considered sufficient to refuse the whole application therefore it was approved. That being said the planner could still have required obscured glazing in the interests of privacy.

Original poster
martynka85 · 23/01/2018 19:42

I don’t know them, and haven’t got their contact details. Every time they walk or drive pass and we try to wave and engage they look in interested. While the build is happening they’re not living at the address either but I will try and find his details and speak to him. Wanted to leave it to the council as it was their fault but seeing as they don’t give monkeys about it I might have to take the matter into my own hands 😬

OP posts:
Original poster
martynka85 · 23/01/2018 19:46

It’s meant to be a bedroom window. What makes me wonder as well is why they needed it in a first place as they already have a window facing the front of the house in that room anyway! From what you wrote I’m assuming that speaking to them directly will be my safest bet 😬😒😒

OP posts:
Iamagreyhoundhearmeroar · 23/01/2018 22:01

Any resubmitted plans have to be open to consultation with neighbours and other interested parties, waterlily. It counts as a new application.
The council also get to decide what constitutes material amendments; people can be extremely creative in trying to overturn conditions in their approved plans!

londonista · 23/01/2018 22:07

@martynka85 I really think you could save yourself a whole lot of hassle by having a quick word with them. They might be absolutely fine about frosting the window, so quick and easy to do. Leave them a note if they're not living there yet. If it were me and I got the note I would try to resolve it - why wouldn't I? Just frosting of one pane of glass. No one wants to fall out with neighbours before they've even moved in. And if they're dicks about it, then at least you tried.

BlondeB83 · 23/01/2018 22:20

22 metres?! Are you sure it’s not 22 feet? Seems like a long way to not to be able to have a clear window!

worridmum · 23/01/2018 22:58

Its not a legal required 22 meters and all the houses in any city would be breaking that planing law.... so Terrence housing would not be allowed any normal windows at all at the back or front...

At best its a local area thing but is not a legal point maybe as a guide line but 22 meters is a long way...

Original poster
martynka85 · 24/01/2018 08:25

I will do that as well. I’ve seen his car around I think he pops round to check on the builders. Fingers crossed they are reasonable 😬🤞

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