To have given my neighbour short shrift on the phone after I allowed access under false pretences

[TooManywines]

Neighbour is almost at the end of a first storey extension.
i never opposed any of the plans and as she was extending to the end of her garden I figured that it would give my small garden a litttle bit more privacy. I can see having reviewed the plans her builder has built out 1400 more than was on the plans.

she messaged me to ask if her builder could come into my garden as he needed to make a small hole - there are three brick vents n the new bit so I summised he must’ve been adding to it.

my DD text me at mid day to let me know we had a window facing directly into my garden - I check on my CCTV and she was right.

i phoned the neighbour aghast and asked her what the hell she was playing at and that the window was definitely not on the PP application-her response
‘we needed more light’ 😩

I told her under no uncertain terms that her builder was to vacate my property and to stop work

AIBU to ask them to brick up the window and return it back to how it was - I’m tempted to call the planning enforcement officer so they can see all the other gaffs they’ve made but panicking that she might get asked to tear it all down - which although I’m really cross about I’d not want that to happen.

In my experience sadly building enforcement won't do anything. They certainly won't expect them to pull it down

So what have you actually said to her about it? And what was her response? Any chance she is just going to fix it and that’ll be that?

I would be furious! How dare she!

This is wild, wonder if it's her or the builder that's come up with this genius idea. We had something fairly similar, although not as close to the boundary, and as we were replacing a conservatory I said I wanted the "neighbour wall" just brick, no windows, and the builder told me I should have windows in that wall or it would look like a public toilet! Of course we ignored him, it had a big skylight in the roof and a full length double glass door the other side.

I rang her as soon as I saw what was happening and told her to tell her builder to down tools immediately

I told her that she at no point told me a winow was going in and that she’d gotten permission for access under false pretences

I then later asked for the planning drawings that were approved showing the window as the ones I had weren’t on there

she said she was busy and suggested us talking at the weekend and that’s she’d reply to my planning concerns ‘in due course’

Don’t want it pulled down
want the window gone

Go on to your local councils website, pull up the reference for the plans they submitted and itl have the planning officers name who approved it so you can call tomoro and speak directly to them and give the reference. Ask if you should also call the building standards department. You can get the person who gave the building warrant in the same way.

Edited to add I doubt theyl even get their building certificate passed if they've not stuck to the plans they submitted so they are on shaky ground.

The relationship with your neighbour is damaged now regardless of what happens. I think I'd send her a text

'Ndn, good to talk to you yesterday, in the spirit of being neighbourly, I think you may need to discuss your extension with your builder, as I can see by the drawings that your extension has exceeded the permitted size stated in the planning consent.

Also noted, as discussed, that there is a window overlooking my property that also wasn't in the plans, please can you put this right and brick it up by the weekend? I really can't be bothered to get involve the planning department but have a bit of spare time on my hands next week so will be speaking to them on Monday if it's not bricked up.

Thanks

Busy?!!! She was fucking BUSY!!!!
That would have made me give a lot more than "short shrift."
Cheeky fucker.

Put a fence panel up or a sheet of ply fixed to her wall or a trellis and grow a climber etc.
let her know you mean business.
Proper CF.

Yeah and how much more bullshit will she have pulled by the weekend? It’s only Monday!

She’s clearly just hoping to put you off until it’s too late and “it’s done now”. I’d bypass her altogether and go straight to planning dept.

This neighbour has now created an issue so you are all-in or a walkover. Either way your house is now devalued unless you get to an outcome that future purchasers wouldn't reduce their offer for.

You have a few avenues to take.

1. report all potential breaches to planning enforcement. The window may not break planning rules, but extra extension up to boundaries is very likely to. Permitted development allows windows to be added to existing buildings. On the 'ground floor' they don't have to be obscure glazed either and ground floors can be quite high. Unless permitted development rights have been limited for the neighbour's house it may not need planning. So depending on the details planning enforcement may not be able to do anything about the window.

2. Building control. There are rules on how much of a wall can be glazed (and the type of glazing) for fire resistance on and near boundaries. Check with the council building control department on this point.

3. Trespass. If the window opens outwards it is classed as trespass. Do you have legal cover with your house insurance? Get them to issue a cease and desist notice ASAP.

4. Block the bloody thing so it is useless. How high is the window? You can build a fence to 2m legally without planning. An evergreen hedge or outbuilding to 2.5m is allowed. Then pleached hornbeam or bamboo (avoid the spreading type) for higher / narrower cover.

5. Full on retaliation: Yor could you extend your house out over the window? Planning permission is only a few hundred pounds, and you could activate it by building the flank wall. Then just stop there. If the window is within 3m of your back wall and permitted development is possible then you don't even need planning permission (but worth submitting for an LDC with plans for a basic extension high enough to cover the window). Flat roof is allowed to 3m at the eaves, but you can have a 'parapet' wall on top to add a bit of height. Or a pitch roof with the high side against the neighbour can be higher.

UK planning rules are a mess.

If the contractors are prepared to deviate from the approved plans in this way, I'd be worried about any other changes they'd made which could have long term implications (materials, guttering, drainage etc) . You need to contact the relevant planning officer now, while the contractor who is responsible for completing the work as specified is still on site. It will be in your neighbour's interest for a site visit to happen as soon as possible. It could have implications for both you and your neighbour if you want to sell in the future.

Can you block it in the meantime - put up a screen inches away from the “window” attached to posts if necessary to totally cover it and make it clear that you will never let the window have light so she might as well brick it up now? And yes, of course call planning and mention every other breach of PP.

Tell her she can come over tonight, or you're reporting the whole build to planning inspection as there are now three points that weren't approved, the extended size, no party wall agree,met, and the window. If you're willing to tell her you'll still overlook the first two breeches, but the third is non negotiable. She confirms the wind is gone, or you'll lodge a complaint the following day

Oh - and tell her to brick up the window now whilst it is cheaper and they might retain some neighbourly relations or you will go to to the lengths in my last post. Get that conversation in ASAP. Then you might need to do everything afterwards via email / letter for a written record.

That’s ridiculous. She’s taking the piss. If the original plans had shown the window you would have put in an objection, which I think would have been upheld. We objected to a window on a plan for an extension in a nearby house and they weren’t allowed the window - and the house was considerably farther away than in your case.

Don't wait for the weekend because if they build more in the meantime it might harm your case to have it reversed. Tell her either the window is taken out immediately or you'll phone the planning dept and ask for the building inspector to come out.

I don’t really know whether the 1400mm / boundary line issue is important or nott, but if you let her know that you’ve measured it, it might put the wind up her about the building inspector seeing it.

You will be able to view the plans online. Just go to the planning section of the council and put in your postcode. Equally building control will have to sign off the work. Come what may you need to kick off with the council tomorrow.

Get emailing and phoning the council asap. Then tell her what you have done.

I know they do- that’s why was checking - but I couldn’t quite picture it!

We had this exact scenario, even down to them adding the window without planning. We reported to the local authority and they were made to change the window to a very small bathroom style window with frosted glass and board up the rest.

Gravel boards!!! Thank you!

It was in my head somewhere but I couldnt find the right filing cabinet!

I was just thinking that a fence or standard single brick depth wall can easily be "accidentally" knocked down, but those gravel boards aint going anywhere!

I really hope you manage to sort this OP. I would tell her that "in due course" isn't good enough. She either shares the plans and cooperates with you or you will go straight to planning enforcement.

The more the OP has posted, the more I suspect that they NDN submitted plans that were rejected and her dodgy builder said "Dont worry, submit these plans, they will get passed and I will put your window in. If you neighbour objects, which they probably wont, the council wont do anything anyway."

The squeakiest wheel gets the most grease. Nothing gets done in these cases sometimes because people just aceept the first answer. Constantly complaining and creating more work for the planning dept means that they will act if only to make the OP fuck off and stop bothering them. Fact is that if NDN is breaking laws, and she clearly is, then the planning dept need to deal with it and if they dont then THEY are breaking laws so its in their interest to sort it. Sometimes they need reminding of this, several times.

I agree @PyongyangKipperbang - you need to kick up a massive fuss with the planning team Op otherwise you'll regret it!