Planning Breach by the neighbour and the council allowed it

[compkeen]

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.

I think the issue is we can all look at this and think…
7 years, you’ve been letting this rule your life for 7 years…. Human rights, pfft, ok 🤔….. everyone can see into someone’s windows, you are making this a bigger deal than it really is…..

The thing is if you are living with a situation like this it does become all consuming.

We lived with nosy neighbours, they has a window on their upstairs landing at the side that faces the front of our house, I’m pretty sure they had a chair set up there so that they could take it in turns to just sit and watch our house.
Every time we left the house, even to go to the bin one of them would appear and start questioning us about something we had been doing that day.
Whenever we had anyone at the house, a friend family member or a plumber they would be knocking on the door with some random question or request just so they could get a look and try to figure out who the visitor was, we even caught them going through our wheelie bins on more than one occasion “just checking the right stuff was in the right bins”
It felt suffocating and although we knew they weren’t always watching you always feel on edge because they could be watching.

We only let it go on for a couple of months before we put up the window film and planted some privacy screening plants, eventually they lost interest because we weren’t as interesting when they couldn’t see much going on.

So I do see why the OP is so distraught.

You can put nets, or frosted film or a combination.
You are probably in the right but it's only you that are suffering.
Or sell the house. It is highly unlikely to bother another person so much.

What an arseachetosspot. Play him at his own game. Get net curtains so he can’t look in then set up “security” cameras between the nets and the window.

@EnidFrighten don’t tell OP to get out of the house more! She’s already out 8am-11pm because she doesn’t want to be seen in her house.

I think, while the suggestions for getting privacy film or net curtains are probably more practical in the long run for the OP, why should the OP have to do this when it was her neighbour that has broken planning laws?
Surely it is up to the neighbour to remedy the issue that they caused?

I'd consider going down the legal route at this point @compkeen. Speak with a solicitor and see if they can guide the planning department to make the 'right' decision by getting the neighbour to fix their issue. It seems like the neighbour was chancing their arm when they were looking for interior decorating to be done following remedy works being carried out but the council kowtowed to them. They don't appear to have taken the fact that you should be able to live in your house without having to have your curtains closed all the time and without the fear of a neighbour looking in all the time.

Best of luck with whatever you decide to do.

YABVU

What is the point of spending thousands of pounds and more years of wasted life by fighting something that has a relatively simple solution? Even if you’re “right” there has to be a certain point where you decide your financial and mental health are more important.

Sorry you feel so on display OP. I do think that at some point with all the kindness in the world that you need look at what is happening and try to move forward. This is clearly now becoming aboutl rhe the council as well as the window. Hope you manage a resolution.

You do seem to have allowed this to eat away at your mh. Unfortunately after 8 years enforcement action, even if a breach was demonstrated, is unlikely. R&B have had their fingers burnt previously over much larger issues and would be reluctant to fight over a smaller one. Ndn could now apply retrospectively anyway and most like for like window replacement only require buildings regulations rather than planning unless the property is listed or in a Conservation area.

If you have cash to prolong your battle legally I wonder if moving might be a better use of it, although you would need to declare a dispute.

I do understand a nutty neighbour. Shortly after we moved in the neighbour cut down a large tree between our houses which then afforded him a front row seat to view into our sitting room. I was so upset I could have moved out there and then. He had a net curtain but I could see him lurking behind it.

I had to spend £££££ on having mature trees planted to block his view, but worth the expense.

I don’t understand OP’s point that he can see their drive and shed . Who has drive privacy? Any passer-by can look at a drive, surely?

When my neighbours built an extension I very quickly found out that our rights to light and privacy are very limited. I found it quite stressful, but quite honestly it's possible to find solutions and move forward rather than allow something you can't change to eat away at you. Others have made good suggestions re blinds etc.

I know it's hard, but sometimes it's better to accept and move on. It's highly unlikely your neighbour is staring at you all the time.

Sorry your neighbour is a jerk and your council incompetent :(

My suggestion is to put ONE WAY window film on all of your windows on that side so thet you can see out fine but all he will see is a mirror. I know it’s a pain.

This is an example

amazon.co.uk/Rabbitgoo-Reflective-Control-Insulation-Mirrored/dp/B07BFTRLTK/ref=mp_s_a_1_1_sspa?crid=4GJWFM8SB9UA&keywords=one+way+window+film+privacy+day+and+night&qid=1636973653&sprefix=one+ay+indow+f%2Caps%2C72&sr=8-1-spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUEzMktVSjIyMUtaRVZYJmVuY3J5cHRlZElkPUEwNjIxNTE5MVdXTFRHTFZGVFhXMSZlbmNyeXB0ZWRBZElkPUExMDIzNjI1MVVWUjdJRzc4WVpGJndpZGdldE5hbWU9c3BfcGhvbmVfc2VhcmNoX2F0ZiZhY3Rpb249Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=]]

@Derbee

What is the point of spending thousands of pounds and more years of wasted life by fighting something that has a relatively simple solution? Even if you’re “right” there has to be a certain point where you decide your financial and mental health are more important.

I agree. Do you want to be right, or do you want to be happy?

All this for a window? Your poor neighbours. A solicitor might advise you to withdraw the above post which is intemperate at least.

@DottyHarmer
I have been submitting planning applications for over 20yrs and I've actually had a objection for one because "they would no longer be able to wash their car in private" they wrote a 5 page letter why this was a problem for them that their driveway (which was next to the public road and not fenced off ) would now be overlooked - funnily enough though that isn't a valid planning objection so the (fairly benign and non objectionable) development went ahead.

People naturally get emotionally invested in development happening right next to where they live however sometimes it can bring out the irrational (bonkers) in them.

Thank you all for comments. I have taken a lot on board. In reality I worked very hard so I could afford this house because it has not got a lot to do with neighbours. When I moved into this house ,the window in the upperfloor on the side elevation of the neighbour's house, was frosted glass non opening according to the regulations. Regrettably my whole housed is exposed to this large window in the side elevation. If there was a lot of distance between the two houses , it would not have bothered me.

Solicitors and planning consultants have endorsed that it is a serious planning breach, and so has the council quite openly, but no one can challenge the council who is pussyfooting round the neighbour's whims. The neighbour asked me to pay for the window replacement, then he changed his mind. Then I got the council to pay for the replacement of the window. The neighbour agreed and then changed his mind again and said the council has to pay for the decoration of all of his hallway , landing and two floors.
I understand that you cannot spend your life chasing the neighbour . At the same time it is difficult to digest that the local planning council has double standards. This is what bothers me that I feel helpless.

The council would immediately put an enforcement notice on me and threaten to take me to court if I broke the law and subject my neighbour to have no privacy. Of course having a large window on the second floor with clear glass, which opens outwards, it is uncomfortable and I am conscious of the presence.Asking for something that is righful is not a crime. No council should have double standards.
I have had so many people tell me that their council will not tolerate this kind of action and would immediately enforce the right action.

I am not paranoid about it, just a realist who wants my privacy restored.
The solicitors who know about the planning laws are very expensive and so are the planning consultants who has no legal clout.
So I feel I have no where to go but resort to means to make my life livable.
I value you input. I have taken a lot of advice on board so thank you all.

@compkeen

Thank you all for comments. I have taken a lot on board. In reality I worked very hard so I could afford this house because it has not got a lot to do with neighbours. When I moved into this house ,the window in the upperfloor on the side elevation of the neighbour's house, was frosted glass non opening according to the regulations. Regrettably my whole housed is exposed to this large window in the side elevation. If there was a lot of distance between the two houses , it would not have bothered me.

Solicitors and planning consultants have endorsed that it is a serious planning breach, and so has the council quite openly, but no one can challenge the council who is pussyfooting round the neighbour's whims. The neighbour asked me to pay for the window replacement, then he changed his mind. Then I got the council to pay for the replacement of the window. The neighbour agreed and then changed his mind again and said the council has to pay for the decoration of all of his hallway , landing and two floors.
I understand that you cannot spend your life chasing the neighbour . At the same time it is difficult to digest that the local planning council has double standards. This is what bothers me that I feel helpless.

The council would immediately put an enforcement notice on me and threaten to take me to court if I broke the law and subject my neighbour to have no privacy. Of course having a large window on the second floor with clear glass, which opens outwards, it is uncomfortable and I am conscious of the presence.Asking for something that is righful is not a crime. No council should have double standards.
I have had so many people tell me that their council will not tolerate this kind of action and would immediately enforce the right action.

I am not paranoid about it, just a realist who wants my privacy restored.
The solicitors who know about the planning laws are very expensive and so are the planning consultants who has no legal clout.
So I feel I have no where to go but resort to means to make my life livable.
I value you input. I have taken a lot of advice on board so thank you all.

I understand your perspectives and concerns, all the best with the situation.

Do you have legal cover with your home insurance? If so then get a solicitor to deal with it.

@KatieB55 just how much have you spent on this?

Your neighbour is surely not stamina at his upstairs window every day looking at you!? You're out the majority of the day anyway?

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!

This. My house is really overlooked but 3m is v close. Also is it the only window to that elevation of their house?

If the window is on the upper floor there is no way they can clearly see into the windows of your house at ground floor level. You really really need to let go of this.

I’m in planning. You have had some good advice from some posters here, namely that:

A) too much time has passed
B) even if a breach is found, that doesn’t automatically result in action of removal. Councils have to justify expenditure and beyond sending letters and requesting your neighbour makes a change, to specifically make someone reverse planning works an order has to be obtained from a court and this requires a lot of work and evidence of substantial harm. It’s unlikely there would be justification here.

In addition, certain comments you have made in your post indicate there’s significantly more that has happened on your part. Banning from meetings or council buildings, for example? That’s not something that would happen with standard. Or is this hyperbole?

Stick reflective film on your windows?

I still don't understand how the whole of your house becomes exposed because there is a view from one window at the side. Surely there are three sides of your house where your neighbour can't see through your windows?

So why on earth are you living behind closed curtains and spending time at work from 7.30am to 11pm? There must be plenty of areas of your house that the neighbour cannot see into from this window, so why can't you leave those curtains open? And why can't you come back for work at a normal time? After all, by the time it gets dark it's normal to close he curtains anyway.

I’m not sure you’re ever going to be happy living close to this person. Perhaps moving might help? You shouldn’t have to move… but I would if I were this unhappy