Permitted development overlooking my property

[Presley1]

My gardens are on 4 levels with house being on level 2. The house behind me is built on land at a higher level, the land being held back by retaining wall on my side which is approx 6 ft high. New owner has decided to extend his detached garage within about a foot of this wall and put in clear glass window overlooking my property. Although not yet complete, it is nearing 2 storeys height from my side. PD allows to be no more than 2.5 mars high but doesn’t appear to take into account the level above adjoining properties. Local planning are supposed to be monitoring the works but does anyone know what rights I have?

Forgot to say, as my house is much lower than the retaining wall means I am looking at something equivalent to ??? 4 storeys??

Sorry it sounds awful! Unfortunately I think they can. Google 'Part 1 of the GPDO - The 10 Worst Permitted Development Loopholes' I think your situation is listed under 'In 2nd position: “sloping natural ground level” '.

Well equally he should be able to build what he wants on you land. I really doubt he’ll be looking down to spy on you, more likely he’ll be enjoying the clear view he gets above your house.

Who owns the retaining wall? If you then put a 2 metre fence on top of it.

Who owns the retaining wall? If you then put a 2 metre fence on top of it

This sounds like a good avenue to pursue

@ClaudiaWankleman

Who owns the retaining wall? If you then put a 2 metre fence on top of it

This sounds like a good avenue to pursue

I don't think so. If the top of the fence measures more than 2m from the ground level, you'll need planning permission. i.e. height of retaining wall from ground + fence height can measure no more than 2m in total. Tall trees a small distance from the retaining wall would be best. Obviously this depends on the aspect of your garden as you'll not want to block your own light!

It would be measured from the ground on the higher level surely. If not then you could argue that the building is too high from my side.

I believe it would be measured from the highest ground level on your land.

I had a quick look and it's not clear where the ground height is measured from. GardenLaw forum seems to go with the original unaltered height of the land.

I guess an element of this is who owns the land at the top of the retaining wall too? If you have a strip of land at the top of the wall then you coudl erect a fence, or plant a hedge.

I can't quite figure it out, but, in most areas you have the right to privacy across the rear 3m of your curtilage. Check your local plan. Consult your local planners - it's free!

can you ask for obscure glass?

Can you get some mature conifers?

Thanks for the replies. I do have mature trees right up to the retaining wall and in front of the window that has been installed. I had them reduced in height 2 years ago and they are growing rapidly, almost obscuring said window now in full leaf and will continue to grow. The next thing , if the building is allowed to continue, they are going to want my trees cut back. That then becomes another problem that could incur expensive legal action that I cannot afford. Atm I have no choice but to trust in local planning department to deal with it and hope in my favour.

Have you reported your concerns to local planning?

Contact your local planning officer, if there's a potential breach of planning they have enforcement officers who can come and assess the build. If the clear windows overlook your house or into any of your bedrooms, then they'll have to be frosted for privacy.