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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:
10yearwarranty · 14/11/2021 18:50

I've just re-read and this started in 2013! Honestly Op, give it up and reclaim your home with one of the solutions suggested here.

GeorgiaGirl52 · 14/11/2021 18:51

Buy (dummy) cameras and set them up in your windows that face ndn
house. Let him get upset and run to the council about being observed.If there is no harm done with him watching you then there is no harm done with you watching him, right?

Bingbong21 · 14/11/2021 18:51

This is all so bizarre. Just get privacy film/shutters/nets/blinds

Flowerlane · 14/11/2021 18:53

How can every room in your house be overlooked by one window? Also does the man not leave the house or have a job because I very much doubt he is sitting look out this one window at what you are doing.

Also gardens are a majority of the time overlooked by neighbours so that can not be helped.

I feel for you I do but I think you have become a little obsessed with this and it’s ruling your life. I agree that if the wrong window was fitted it should have been corrected but it isn’t going to be so you need to move on with your life. Please looks at the window films that are one way as that would really help you.

10yearwarranty · 14/11/2021 18:53

@GeorgiaGirl52

Buy (dummy) cameras and set them up in your windows that face ndn house. Let him get upset and run to the council about being observed.If there is no harm done with him watching you then there is no harm done with you watching him, right?
This started 8 years ago. Does Op really need to do anything to start up another acrimonious process?
mumwon · 14/11/2021 18:53

how high is the window?can you place something in front like a nice fast growing bamboo that will block his light (in a pot)
Ha remember on another link someone's neighbour attached a sail to the side of their house - so a nice sail in front of your neighbours widow outside tilted so all they can see is the sail?

Winniemarysarah · 14/11/2021 18:54

Dear lord op, what on earth are you doing in your house that the fact that someone can see through your windows is ruining your life? I’ve got apartment blocks to the right and rear of my house, about 18 families can see through my windows and the back of my house is pretty much all glass. I’ve got net curtains up in the bedroom windows, frosted glass for the bathroom, the rest of the front of the house and the whole back have massive blinds to cover the large windows, they’re literally never closed though. People can see me right now right through my conservatory and living room and I don’t really give a shit. There are so many ways to cover your windows so you can see out and people not see in

compkeen · 14/11/2021 18:54

Thank You . I will take your advice on board. It would be a solution between nets and one way film. I live in a house on the corner on the main road, the neighbour lives in the first house on the side turning . Hence his whole property flanks all my living accomodation, this includes garden conservatory , dining room , shed , drive way , kitchen ,beddooms . His window his which faces all my living accomodation. top floor . Although I am not stood looking at my window , you cannot help being conscious of the eyes looking your property.
My councillor experienced this overlooking and she is only stressed at the fact that the planning officers are not listening and dismissing her too.

OP posts:
steff13 · 14/11/2021 18:57

I also don't understand how he can see in every living space in your home through one window. Or how you know he's always at the window; are you all just standing there staring at each other?

Regardless, if him putting up frosted glass would resolve the issue, wouldn't you putting up frosted glass resolve it as well?

authenticforgery · 14/11/2021 18:58

Privacy film would have solved this literally immediately. Job done.

Cherrysoup · 14/11/2021 18:59

CAB? MP? It sounds like your privacy has been totally compromised. I couldn’t live with that.

Wonkydonkey44 · 14/11/2021 18:59

You can get a special coating put on your window so during the day no one can see into the affected windows .
I've heard it's really good might be worth a look 😃

elbea · 14/11/2021 18:59

The planning breach happened in 2013, if the council don’t take enforcement action within seven years then there isn’t anything that can be done legally. The neighbour can apply for a certificate of lawfulness and the council can’t object.

It sounds like you need to move. You aren’t willing to put up net curtains and are overly invested in what is quite a minor issue.

Littlecaf · 14/11/2021 19:04

You need to put in an Ombudsman complaint. Councils don’t just make random decisions.

Also they have not breached your human rights. Do continue to fight your corner if you think you are right but please do not let it worry you too much. Please just get some privacy glass in your own window.

LakieLady · 14/11/2021 19:05

I remember the thread about the sail, @mumwon. I wonder if it's still there? (The sail, not the thread!)

CavernousScream · 14/11/2021 19:05

Am I reading it right that you are banned from council property and they held a planning meeting in private to prevent you from being able to attend? These things do not happen without some pretty serious behaviour to justify it.

Lovethedogg · 14/11/2021 19:07

Have you made a complaint to the Local Government Ombudsman? Other people have asked and you haven’t answered but if not you should. If they uphold your complaint they can recommend compensation.

Snozzlemaid · 14/11/2021 19:12

'2013 – neighbour replaced the window without planning permission'

If the window was replaced, surely this was an issue before as well?

If there was already a window there I don't see how a new window is any different and allows them to look in your property anymore.

Northernlurker · 14/11/2021 19:17

Lots of people have neighbours with overlooking windows. You've been told repeatedly they can do this. You are building your whole life around it. I think you need to seek some real life support to reprioritise and cope. I would suggest moving but you will need to declare such a whacking neighbour dispute I think you may have made your property unsellable.

D1ngledanglers · 14/11/2021 19:17

Write to your MP requesting their support. If they pick it up, this issue will jump to the top of the complaints pile.

ChrissyPlummer · 14/11/2021 19:31

My friend had a poster of Jarvis Cocker flicking the V sign in her window a long time ago. Anything like that an option?

RitaFires · 14/11/2021 19:39

I have pleated blinds like this www.blinds-2go.co.uk/duo-blinds/30829/duolight-ash-grey.html they let light through but you can't see in. I'm sorry that this has caused you so much stress, in your position I'd use blinds and attend counselling to manage the stress and then if that didn't help, think about selling up. Life is too short to lock yourself up in the dark because of a terrible neighbour.

VioletPetals · 14/11/2021 19:41

I think a lot of people are struggling to envision how he is seeing into your entire house,
Assuming you don’t have floor to ceiling windows in every room.

I’m guessing the set up is like this diagram, his big window is at the front spanning almost two floors up the stairs, is how I picture it.
You have windows alone the side of your house that he can see into as well as your front and back driveway and garden.

I can see how you would easily feel constantly watched.

I would get some of the reflective film for your windows, you can see out of it fine, it lets a lot of light in, but during the day it creates a mirrored reflectiveness from the outside, so you can’t see in at all.
We have it, because of nosy neighbours, it’s brilliant.

For the front and the back, I would plant laylands, the grow fast and can get insanely tall, they create wonderful screening.

Planning Breach by the neighbour and the council allowed it
WhatsWrongWithMyUsername · 14/11/2021 19:46

@Snozzlemaid

'2013 – neighbour replaced the window without planning permission'

If the window was replaced, surely this was an issue before as well?

If there was already a window there I don't see how a new window is any different and allows them to look in your property anymore.

I think it was frosted glass before, possibly not an opening window either.
DaisyNGO · 14/11/2021 19:50

OP "•2013 – neighbour replaced the window without planning permission"

Sorry, I am not clear in this point.

He replaced an existing window with clear glass when it should be opaque?