Neighbours application approved with a window overlooking our property

[martynka85]

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?

Yes I was told it’s 22 meters. Our situation is slightly different as we are a corner property and they are directly behind us on a neighbouring road so their side of the house faces the back of our house and garden. Normally they are semi detached chalet style houses that are built next to one another and if any window was approved it only overlooks side of the house and part of the drive and it would definitely be frosted

Having seen your picture and now understanding better that the second window was actually approved, then I have to agree that your only recourse now is tall trees/fencing if the neighbour doesn't prove to be helpful.

The problem I see with speaking to the neighbours as opposed to the officials is, if they do agree to put in a frosted window and then in the future move, the new people might change it to a clear window & I imagine there’ll be nothing you could then do.

Ex Council Planner hear and I agree with everything Waterlily has said.

Re the 22m, yes that will be a policy in your Council's local plan - similar do exist for other areas, but not necessarily the same. I have to say IME 22m is greater than most similar policies I have seen, and that usually relates to back-to-back separations. Side-to-back (such as yours) are usually less (15-17m) as secondary windows are usually involved in flank elevations (as you say, the bedroom has a main window at the rear of their property).

I would try and speak to your neighbours - maybe with the approach that 'I don't know if you realise, but we can see straight into your bedroom window from our house and garden - had you thought about frosted glass?'

I think the amount of overlooking you will experience will actually be minimal - people really do not tend to sit and stare out of their bedroom windows all day long.

Sounds a bit of a silly question but Is the clear window to a room (eg bedroom, study)? I read about the 22m rule that it doesn’t apply to hallways and other areas that aren’t classified as ‘habitable rooms’.