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Can I object to planning permission for houses that will overlook me when I have installed windows.

22 replies

angstinabaggyjumper · 05/04/2019 13:14

I hope this makes sense. A neighbour wants to renew planning permission for two houses that will overlook the back of our house and garden.
Previously there was only a conservatory and a small window at the back of our house but now the situation has changed because we have planning permission for a french door and four windows at the rear of our property so the proposed development would be overlooking us to a greater extent than before. The windows have not been installed yet. Am I wasting my time mentioning the windows as although we have the planning permission we haven't installed them yet?

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Knittedfairies · 05/04/2019 13:15

I'd get the windows installed sharpish.

TheGrey1houndSpeaks · 05/04/2019 13:18

No, if you’ve been granted permission the planning department should act as if they’re already there, in terms of considering any other applications.
You got permission first.

angstinabaggyjumper · 05/04/2019 13:19

Knittedfairies Not what I wanted to hear, but heartened you got the gist.

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AllTheFunAndGames · 05/04/2019 13:23

You could approach the neighbour before they reapply. I doubt it will make a difference.

HappyintheHills · 05/04/2019 13:23

They should act as if you have the windows, though if you've had the permission for ages that might an issue.

LIZS · 05/04/2019 13:25

But if pp was already passed for the houses it is unlikely to be revoked.

nervousnelly22 · 05/04/2019 13:31

But surely you can't have it both ways? Pp saying "well if you've had planning permission they should act as if you've already installed them"

By which logic surely they are only renewing planning permission they already had so you should act as if houses already build Hmm

angstinabaggyjumper · 05/04/2019 14:08

nervousnelly22 yes precisely now I am thinking could they revoke my planning permission because they forgot to take into account the two planned houses? Am I being too nervous?

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TheGrey1houndSpeaks · 05/04/2019 14:30

Was your planning granted before theirs had expired, op?

TheGrey1houndSpeaks · 05/04/2019 14:31

I didn’t read the renewal but, btw, so I’m probably talking bollocks

Haypanky · 05/04/2019 14:34

It probably won't make any difference either way. In planning rules, you don't have any rights to a view. Might be worth you checking the relevant planning policies in the adopted Local Plan.

angstinabaggyjumper · 05/04/2019 15:42

Yes ours was granted before theirs expired.

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TheGrey1houndSpeaks · 05/04/2019 15:54

Oh. Theirs came first... It doesn’t seem that the potential over looking is considered an issue by the council, in that case.
You can still object, though, it’s worth a shot. Councils very frequently make completely arbitrary decisions that don’t seem to follow any particular plan, so it’s difficult to call.

nervousnelly22 · 05/04/2019 16:03

Yes I think sadly they will consider that you knew about their planning permission and still went for the windows so you've sort of chosen to be overlooked?

I don't think there's any harm in objecting,
You've nothing to lose (except maybe neighbourly relations)

Janleverton · 05/04/2019 17:15

They can’t really take a huge account of the windows that you have permission for and may or may not install should you decide to implement your permission. Yours is an extant permission I assume, so within the 3 years? How long ago did the permission at the back of you expire, out of interest? If it was ages ago then planning policies may have changed since then?

But basically, I would be surprised if (assuming policies substantially the same) they refused fresh permission for the houses on the basis of work not done to your property. What did the report on the permission for the houses say about overlooking and loss of privacy - did they make any specific reference to the lack of windows at the back of yours in assessing that there wouldn’t be an impact on privacy?

Janleverton · 05/04/2019 17:16

They cannot revoke your permission.

Janleverton · 05/04/2019 17:16

Just like they couldn’t revoke the permission for the houses (if it was still a “live” permission) when you got permission for your windows.

Squirreltamer · 05/04/2019 18:34

If yours was granted before theirs expired it may be that they fall within the minimum distances which generally are as below.

A) your direct window to window distance to the new development are over 21m
B) your windows aren’t straight on in which case they’re over 16m away.
C) They’ve planned them side on with only obscure windows facing your windows.

These are the usual figures. If this is the case and your area is like mine. It will get approved again. The only areas who seem to win objections/appeals over these distances are well off areas or where the councillors live.

But it’s worth checking what your council minimum distances are. Objections are taken far more seriously if you can quote figures from their planning department.

angstinabaggyjumper · 07/04/2019 11:30

Thanks all for your help I think Squirreltamer has summed it up
B) your windows aren’t straight on in which case they’re over 16m away. It seems a catch 22 situation but yes nervousnelly22 is right
^I don't think there's any harm in objecting,
You've nothing to lose (except maybe neighbourly relations)^
They are not my neighbours, I don't know them and in fact I am doing my neighbours a favour by objecting, the more the merrier.

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TheGrey1houndSpeaks · 07/04/2019 11:31

Hope you get the result you want, op. Planning wars are a special form of Hell.

AllTheFunAndGames · 07/04/2019 12:16

You (or your friend) better get the windows in before your planning expires! You can bet if you object to NDN's planning, they will object to every planning application you submit after that. Another solution would be to put up a high wall/fence and mirror effect windows (if you feel they're going to be too near). If NDN already had pp for two houses, your friend should have considered this before applying for her pp. If it's not your house I would stay well out of it!

angstinabaggyjumper · 08/04/2019 17:00

Ah it is my house it's just the people who want to build the houses aren't my neighbours they live elsewhere they just happen to own a piece of brownfield land a few doors away, which is rather attractive in a rural sort of way. I won't be alone in objecting.

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