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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to be cross with my neighbour ignoring our need for privacy.....

69 replies

BuggedBeyondBelief · 20/06/2008 11:41

Our (newish) neighbour has had a deck installed in their garden. It's just over 2.6 feet off the ground but it means that the garden wall between us is now only 3.6 feet high on their side. The deck is very close to the house (about 2 metres away) and the neighbours have positioned a table and chairs right next to the wall. They can see directly into my kitchen window just a few feet away, and into my dining room. I can't really see into their house from my garden as I have to step down into my garden (as they used to have to do).

We would like a fence on top of the wall to make the barrier six feet on their side (we'd still see one of the couple next door as he's 6' 3''). They are objecting on the grounds that they would feel hemmed in. But the fence will not obstruct the sun, and their garden is wider than ours anyway. They will agree to a fence which would give us a barrier of just over five feet between us.

The neighbours are out in the garden, sat at the table all of the time. For me, I find it very difficult to even go out in the garden when they are there. I also find myself shutting the blind in my kitchen as I don't know when someone is going pop up out there.

To put this in context I believe that the (female) neigbour is p*ssed off because we have to cross their property to get rear access to ours, and whilst we don't use the access a lot, she has made it clear that she doesn't want us to use it at all. In a letter which she sent to me the day after my birthday when relatives visited and used the rear access....

AIBU in wanting total privacy? Is the neighbour being reasonable in not agreeing, despite the fact that they have created the issue by building a deck? (For the record - they didn't tell us about the deck and had it built whilst they were on holiday, making it difficult for us to complain about it).

SORRY FOR LONG POST!

OP posts:

TheSmallClanger · 20/06/2008 11:45

Tricky one. Yes, you are entitled to a degree of privacy, but it doesn't sound like they're doing anything other than sitting in their garden, which is allowed.

The arseyness about access sounds like the bigger problem.

TheBlonde · 20/06/2008 11:45

you could possibly argue that they needed planning permission for the decking as it now intrudes on your privacy

soontobealone · 20/06/2008 11:46

I heard on a diy programme the other week that people don't realise that decking needs planning permission because of this precise problem. Contact the council and ask them!

Swedes · 20/06/2008 11:48

How about trellis? It breaks the view without destroying light and air.

yorkshirepudding · 20/06/2008 11:50

Message withdrawn

MsDemeanor · 20/06/2008 11:50

Put a fence up! Your garden, your fence! Blimey, they sound a complete pain.

Carmenere · 20/06/2008 11:52

Plant some leylandi....

TheHedgeWitch · 20/06/2008 11:52

This reply has been deleted

Message withdrawn

jumpingbeans · 20/06/2008 11:54

that would sort it out yorkshirepud

Freckle · 20/06/2008 11:57

Definitely check with the council re planning permission. 10 to 1 they didn't apply for it.

Wrt the rear access, presumably this is contained in your deeds and they knew about it when they purchased. Hard luck.

WorzselMummage · 20/06/2008 11:58

This would depress me so much

I'd contact the council and see what they have to say and in the mean time i'd put some 6 foot trellis on your side and plant something fast growing up it, not a long term option but last year i planted some climbing nasturtiums with dd and they romped 6 foot in a couple of months which might afford you some privacy this year.

There must surely be a law against your neighbours being able to see in to your house.

Carmenere · 20/06/2008 11:59

A trellis with some bindweed......

cupsoftea · 20/06/2008 12:00

If you have access rights then they can't complain on this.

I'd have some parties! - especially when they have guests. Or get some unsightly junk in place on the lawn!

WorzselMummage · 20/06/2008 12:01

ha yeah or a russian vine.. planted on their side.

MsDemeanor · 20/06/2008 12:01

No, not a trellis, a fence. You want privacy, not a decorative feature. It's not up to them to say you can't put up a 6ft fence in your own garden.

MsDemeanor · 20/06/2008 12:04

Information on planning permission and decking - sounds like they needed it and didn't get it. If they kick off about your fence, tell them you know they should have got pp for their deck.
The requirements for planning permission for decking and deck projects are briefly set out below.
Decking Projects Requiring Planning Permission include the following (There can be other reasons)
If the deck is situated within 20 metres of a highway. (This means the closest part of the footpath - not the road!)
Where the deck is at 1st floor level of the house or above.
If any part of the deck construction exceeds 3m in height from original ground level to the top of the balustrade.
If the structure would affect the amenity value or privacy of neighbouring properties. (For example if your deck is situated where it intrudes on your neighbours privacy and normal use of house or garden) This is becoming increasingly important!
If you live in a flat or maisonette - Totally different rules to living in a house as far as garden structures are concerned!
If the deck is attached to a listed building or situated in a conservation area or National Park.
If your deck is at ground level, then it will not require planning permission, for you are simply adding a hard surface in your garden. You are entitled to do this anywhere in your rear garden - or all over it if you wish!
From this site: 64.233.169.104/search?q=cache:h439YJO3PIYJ:www.thetopdeck.co.uk/planning_permission_and_decks.htm+pl anning+permission+decking&hl=en&ct=clnk&cd=2&gl=uk

By the way you have the complete right to put up any fence you like up to 6ft6in high.

VictorianSqualor · 20/06/2008 12:09

You can find out about planning permission on your council website so if they don't have it, you could complain.
I'd search to see if they have it, and if not then tell them I wasn't happy with my lack of privacy so was going to build the high fence, either that or they could take their decking down, which I gatehred they had planning permission for
They won't admit not having pp but I bet they back down about the fence.

Beetroot · 20/06/2008 12:18

you would have been asked about planning pemission
you would have seen a notice outside the house and in the papaer

poppy34 · 20/06/2008 12:47

also if the rear access thing is in your deeds i would get that sorted in a polite assertive way. she may not like it but sounds like thats the way it is.

Original poster

BuggedBeyondBelief · 20/06/2008 12:54

What a response! Thanks everyone! I have rung the council. They said PP isn't needed unless you can walk under the deck and that it's within the amount of space which they can extend by allocated under the Town and Country Planning Act(?).

If I put a 6' 6'' fence on my side then it would still only cover their side by 4' the deck is 2' 6'' off the ground. So as soon as they stand up they would be visible from my house/be able to look into my house and garden.

As things stand at the moment, yes, they are just sitting in their garden but you have no idea how obtrusive it is, when the are sitting right against the existing wall (their table is at the far left of their deck, as close as it can get to our land), and they spend A LOT of time outdoors.

My key offensive strategy at the moment is lots of the DD's mates round every night after school and at weekends.

And I don't want trellis - it won't cut the mustard. It must be a fence. If necessary, we'll have to look at fast growing shrubs. I don't want leylandii, but I don't want this situation to continue either.

OP posts:

duchesse · 20/06/2008 13:05

Sounds exactly the same layout as the 1930s terrace where my sister lives.

If they do not like your having access through their garden, tough- that is the way they bought the house. They can put up a little fence with a little gate into their garden if they're that bothered.

Honestly though, I do think you're being a little unreasonable. how much time are they realistically going to spend looking purposefully through your kitchen window? You can't pretend there's nobody else around if you live in town. Long term, the best solution might be to be friendly to them. They would be more likely to want to do things your way.

lottyloon · 20/06/2008 13:11

build a 2/3ft brick wall then put the 6ft fence on top of it.

they built a DECK without even consulting you, they have no grounds to argue about a fence.

leoleo · 20/06/2008 13:22

Don't want to hijack your thread but we have a little fence most of the way down our garden and the little nightmare child that lives next door drags his slide to the fence calling and looking over for my dc.
He comes over to play but is really distructive and just not very nice (he locks my dc in the shed) but for some reason my dc always wants him over. If we don't allow him over he screams and crys in the garden till his mum takes him in and we feel bad.
He will even shout for my dc and dp when the back door is shut.
It makes us reluctant to have the door open or let my dc play in the garden which isn't fair..

sitdownpleasegeorge · 20/06/2008 13:36

lottyloon

that won't work as the combined height of the wall will be 8 or 9 ft and you are only allowed 6ft 6 before planning permission is required.

I do agree though that if they didn't seek pp for their raised deck area they would be on dodgy ground complaining about you not seeking pp for your extra high wall. Other neighbours might raise objections to your super high fence, however.

MsDemeanor · 20/06/2008 13:53

Does the raised deck have a rail around it? That would raise it to more than three metres off the ground, surely, so it would need pp.

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