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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Planning Breach by the neighbour and the council allowed it

132 replies

compkeen · 14/11/2021 18:06

I have had lot of problems with the council Planning department where I ended up dealing with whole of the planning department members including the senior planner , head of the department and the director of the planning , council members, Local MP . My local councillor stood by me since the last 1 year.
I will put a few bullet points so you get some idea in a nutshell bearing in mind that lot has happened before I got to an unsatisfactory end. Reigate and Banstead council needs to be exposed.

• 2013 – neighbour replaced the window without planning permission. I complained immediately. I was pushed by the senior planners to go to mediation, Citizens advice bureau and various legal bodies. Nothing came out of it. They insisted no law was broken and the neighbour is within his right.

• During the course of 3 years a lot of correspondence took place between the council and myself. The head of the planning insisted the matter came under general planning Development Order and kept dismissing me . I took the advice from a planning consultant and Royal Institute of the Town planning . Both of them concluded that a planning breach has taken place and the council should enforce the window to be replaced with non-opening, glazed ,frosted glass. The opening should be ONLY fanlight opening 1.7 meter above the floor on the neighbour's landing .

• Finally in the end the head of the planning admitted that he got confused and did not interpret the law correctly and apologised.

• The neighbour refused to change the window and the council refuses to enforce the replacement despite the planning breach. The neighbour says he was misguided by the council.

• Meanwhile his window being in the upper elevation of his property, facing my property which is only 3 meters away, and he can look into throughout of my accommodation. There is no privacy in the bedrooms, kitchen, all the living areas , garden, driveway.

• I have been living behind closed curtains , with no privacy anywhere, no light, and spending time at work from 7.30am to 11pm until the neighbours have gone to bed every day. This is obviously is affecting my health, my work, and my mental health. The impact is huge.

• Finally the council, after persuasion by me , offered to pay for the replacement of the window but the neighbour disputed and demanded the council pay for all the decorating , that would be disturbed and the whole hall way and the landing.

• The council decided that the damage to the neighbour’s decoration was more important and as a result his suffering was more serious at my cost and decided to withdraw the offer.

• The head of the planning in the council manipulated the issue by holding a private committee meeting between the councillors and the planning committee members. The planning committee was briefed what to say by him. This way they closed the doors on me and my own local councillor , who was ignored and public was not allowed to listen. There was no planning appeal or any enforcement notice ,thus blocking me to go to any institution with my plea.

• The council chose to action the option which was to tell the neighbour to put restrictors which can be moved or taken out and put opaque film on the window panes. Due to the restrictors, a wide gap would be created in the whole length of the middle of the window . Again I was dismissed when I objected saying that this is absolutely unworkable option because the neighbour can still overlook ‘head on’ into my whole property.

• The council has locked the door on me , thus stopping me going to any institution for complain. I despair that I have to spend rest of my days in my own home overlooked with closed curtains and no light. All my human rights are taken away by the Council. If the head of the planning cannot understand the law or understand how to uphold the law, and mitigate the consequences as a result of it, who can we trust in this borough and where can we go.

OP posts:
Pumpkinsonparade · 14/11/2021 18:07

Frosted glass?

LakieLady · 14/11/2021 18:15

Hmmm, I've been clerk to the planning committee in 2 different councils. They have to have very good reasons for a committee to hear planning matters in private. What reasons did they give for doing this?

Have you gone through the council's own complaints procedure?

If so, you may be able to refer your complaint to the local government ombudsman.

TeenMinusTests · 14/11/2021 18:17

Net curtains?

Does the neighbour spend all day looking out of the window?
If it is an upstairs window for neighbour does he/she spend a lot of time there?

CorrBlimeyGG · 14/11/2021 18:22

Have you spoken to your GP? There seems to be much more going on than a window.

10yearwarranty · 14/11/2021 18:23

Sometimes net curtains aren't the end of the world. Particularly if you are, as you seem to be, staying out of your house for a ridiculous amount of time and keeping your curtains shut just so the neighbour can't see you in your house.

Nets will solve the problem and let the light back in!

TrollsAreSaddos · 14/11/2021 18:24

That sounds incredibly frustrating. As per PPs suggestion, have you one to the Council ombudsman?

Starcaller · 14/11/2021 18:24

Just install a day/night privacy blind? Seems like a huge amount of angst for a fairly easy solution. Ours you can't see in during the day but we can see out fine. And at night we just pull the night blind down.

compkeen · 14/11/2021 18:27

As soon as he sees any movement in my house I have spotted him at the window. My local councillor is also stressed out because she has also seen him peeping from the window. Thank you for the suggestion of the net curtains . Unfortunately one cannot put the nets in every part of the house.
To be honest as soon as he moved in this house he has caused a lot of trouble. The thought has cossed my mind that he is a friend of the Head of the Planning.

OP posts:
Overthebow · 14/11/2021 18:29

Why can’t you put bet curtains in every window? Would have thought that’s an easy solution?

CorrBlimeyGG · 14/11/2021 18:32

As soon as he sees any movement in my house I have spotted him at the window

How do you know this, surely you're not watching him all the time?

My local councillor is also stressed out because she has also seen him peeping from the window

I can imagine they are stressed out, yes.

SweetBabyCheeses99 · 14/11/2021 18:32

I doubt VERY much that your NDN is interested in looking into your house.

10yearwarranty · 14/11/2021 18:33

He can't see through every window in your house though. That's physically impossible. So put up nets or privacy blinds at the windows he can look into. To be honest, unless your house is a strange shape, he can't see into every area from one of his windows either. I appreciate how horribly stressful this is for you, but for your sanity there are some measures you could take to get your privacy back, and you should take them.

compkeen · 14/11/2021 18:34

Thank you all for your caring replies. I have considered all sorts of things and I feel quite depressed that the council behaves in this manner and they cannot be challenged . Solicitors and planning consultants basically tell me that they are untouchable , hence they do a lot of injustice to the citizens. I have hear harrowing stories about local people suffering due toe council's wrong doing.
Regrettably they publish very glossy complaint procedures but no one listens. I have been through all their complain procedures.
They certainly know how to mockery of the law !!

OP posts:
Soontobe60 · 14/11/2021 18:34

Surely if the neighbours can see into your windows, you can also see into theirs? I honestly cannot visualise the orientation of each house whereby you are only 3 m apart and yet all your windows are facing a house that’s so near! Maybe do a drawing for us to see.

I have been living behind closed curtains , with no privacy anywhere, no light, and spending time at work from 7.30am to 11pm until the neighbours have gone to bed every day

Why? Do you really believe the neighbours are spending 16 hours a day spying on you from their landing window? Because the chances are, they’re absolutely not.

Soontobe60 · 14/11/2021 18:38

As soon as he sees any movement in my house I have spotted him at the window
So you’re stood at your windows waiting to catch him looking at your windows.
My local councillor is also stressed out because she has also seen him peeping from the window
Why would that stress her? If she’s stressed at the sight of a person looking through their own window she’s in the wrong job!
Thank you for the suggestion of the net curtains . Unfortunately one cannot put the nets in every part of the house
Yes you can - where there’s a window, a net curtain can be installed.

10yearwarranty · 14/11/2021 18:38

When you're in a situation like this for an extended period of time it is terribly stressful and things can get blown up - I won't say out of proportion, but it can seem like an impossible situation to deal with. What many are saying here is that, given that you won't get a rapid solution to this, you can take some simple steps to regain your privacy.
It won't involve nets or privacy blinds at every window because he can't see through all of your windows. He just can't. So target the windows on the side of your house facing his and regain your privacy and your sanity. Even if you did need to put nets at every window - that is physically possible and not the end of the world (much as MN hate nets).

LadyTiredWinterBottom2 · 14/11/2021 18:39

Well they might be, there are some very strange people in the world.

I would put obscuring film or slatted blinds at the windows affected.

10yearwarranty · 14/11/2021 18:40

I have slatted blinds in my front window, but they do obscure the light a bit. The old nets were nicer really. I have something at the window because I didn't like passers by gawping.

notanothertakeaway · 14/11/2021 18:41

You can get one way film, so you can see out but people can't see in (they see a mirrored reflection)

Must be horrible to feel people can look into your house, but if you have exhausted legal options, I think it's time to look for other solutions

ImprobablePuffin · 14/11/2021 18:43

Oh OP I feel like you're so deep into this you can no longer see the wood for the trees.

Why can't you use nets?
Or any of the other good suggestions here?

I know it's not ideal how this whole thing has gone but now take back control, you can't let this situation ruin your life.

notanothertakeaway · 14/11/2021 18:43

[quote Seafog]Privacy filters are your friend, then you don't have to be in the dark and he won't be able to see you

Amazon has them right now
www.amazon.ca/Stickers-Non-Adhesive-Security-Treatment-Coverings/dp/B08DTFJWB9/ref=asc_df_B08DTFJWB9/?tag=googlemobshop-20&linkCode=df0&hvadid=459482715586&hvpos=&hvnetw=g&hvrand=5993992884529151620&hvpone=&hvptwo=&hvqmt=&hvdev=m&hvdvcmdl=&hvlocint=&hvlocphy=9001605&hvtargid=pla-1004213345954&psc=1[/quote]
Yes this is what I meant

10yearwarranty · 14/11/2021 18:44

Really trying to help here Op - You say you've been through all the complaints procedures and seem to have exhausted the planning process. So you could go to the Ombudsman. However if you've been through all of this and the outcome is still the same you should prepare yourself that your complaint might not be upheld.
You can't keep on repeating complaints once they have been considered because you will open yourself up to being considered "vexatious" and after that they no longer have to engage.

waltzingparrot · 14/11/2021 18:46

Not the answer you would choose but I would put up window film on all your windows that they can see through. Much better that you can live in your house unseen and still have light. There are so many interesting window film designs or just plain and of different densities. The choice is yours. I'd also get the council to pay for it!

nannybeach · 14/11/2021 18:47

Vision blinds,metal,tiny pin holes you can see out but not in if they are closed,(you can also open them) the have metal slats.unless you live in a listed property,you don't need any permission to replace a window.