Overlooking

[usn73911040]

How can I find out what our obligations are regarding overlooking of a neighbour's garden? To what extent is landscaping a planning consideration?

Our neighbours have a swimming pool directly behind our house. As part of some building work, they removed a large, established row of conifers from their side of the boundary and have consequently lost their privacy. They told us they planned to replace this with something else as part of their landscaping. The boundary is ours to maintain and we allowed them to choose new fence panelling to replace the old fence that came down with the conifers, but the fence belongs to us. They have planted some small trees to replace the conifers but they have a way to go before they will be as high as or higher than the fence. The site exacerbates the problem as our house is on higher ground than theirs.

We are undergoing building work of our own, and the neighbours have moved into their new house behind ours. They are now more aware of the overlooking from our house and are unhappy that we can see into their garden and swimming pool. They are asking what we are going to do to reduce overlooking. The worst windows for overlooking are existing windows, and we have built in accordance with planning permission.

Our feeling is that they created the problem by removing their hedge and they are expecting us to organise and pay for a solution. We won't be moving back into our house for at least another six months, and we haven't yet got a landscaping plan for our garden. We don't want to fall out with these neighbours but know that they have already fallen out with their other neighbours and members of their project team. He is quite bullish and tends to contact me rather than my husband. We're happy to work with them to find a mutually agreeable solution, but it has to come at a time and price that works for us as well.

Any pointers on our obligations and suggestions of possible solutions much appreciated.

I’m pretty sure the onus was on them to think this through before starting on their own work. I’ve heard of planning permission being refused because the new building would overlook a neighbour, but never, ever heard of a neighbour being required to make changes to accommodate the person seeking planning permission.

Thank you. I think you're right, but the fact that we're building after them has made me doubt myself. They're also arguing that we'll need separate planning for our patio, though it was included and approved as part of our original planning application. I'm not sure who to speak to for advice! It feels pretty horrible.

If you are building exactly in accordance with your approved plans, and comply with all the conditions on the PP, including any that require details submitted and approved prior to commencing work, there is nothing for you to do.
PP would have been granted having considered privacy issues. If the neighbours have removed their own trees, that is their problem. Planning cannot get involved again or require you to do anything extra.

So they cut their own tall conifers down on their own property yet are cross because they've lost their privacy?

I'm trying not to be biased, but this is essentially it. There's one extra window on our ground floor extension and a new window added to an existing first floor room, but the three windows they are most concerned about are existing windows which didn't have sight of the pool when the conifers were in situ.

Well, here are the consequences of their own actions. In their shoes I'd be annoyed at my mistake too. But it would be my mistake, it's not your fault they didn't think this through and as long as you have abided by your own permissions etc then... 🤷‍♀️

As others have said, if you are building exactly to the details of the planning permission then they don't have a leg to stand on.

"We're happy to work with them to find a mutually agreeable solution, but it has to come at a time and price that works for us as well."

If he has already planted trees on his side of the fence then I don't see what else you can really do. Except to maybe suggest that he replaces them with bigger trees?

I'm not being facetious by the way. There was a recent thread here about just this thing:

https://www.mumsnet.com/talk/property/5114918-garden-overlooked

But you should not be offering to pay towards this.

In that thread I mentioned the costs of mature trees that are around 3m high (this would supply the sort of screening that they are probably looking for).

I said this at the time:

Mature pleached trees suitable for screening, such as hornbeam or lime, that are around 3 metres high go for around £300-£400 each and you'll probably need to plant them every 1.5m - 1.8m.

Or you can get other plants that have been grown as a standard tree, such as cotoneaster or laurel. These will typically have a single stem about 1.8m tall and then branches and leaves going up to around 3m. Probably around £200 each for these.

Here's an example of what I was talking about above:

https://www.wykehammatureplants.co.uk/case-studies/cotoneaster-cornubia-trees-provide-instant-privacy/

But in no way should you be pressured into paying for anything. This was purely their decision to remove the conifers.

I'd say it was their problem to solve, not yours.

If you're building according to the planning permission, then you have nothing to worry about. You seem to have been very accommodating anyway if you let them choose the style of fencing, so they may think that they can push you in to anything that benefits them. You may well find that you are making all of the compromises when it's their problem to solve. Don't let them bully you into taking action when you don't need to.

Being a good neighbour is one thing, but you are dealing with people who don't appear to be particularly good neighbours themselves.

They are trying it on. A problem of their making, affecting only them.

"Yes, it's a shame about the conifers, isn't it. Still, I'm sure you had good reasons for removing them and your new trees will grow eventually."