nuisence neighbours !

[tony baldwin]

In a nutshell we have obtained planning permission to put a window in an elevation that directly overlooks our neighbours garden. He is now constructing some trellis on posts some 24" from our wall where the window is due to be put ! .... what can we do if anything

Regards Tony

 

[Nemesis]

You could try posting the question on http://www.gardenlaw.co.uk.

I wouldn't like my garden overlooked either I have to say... did you consider his privacy when thinking of the window?

 

[Me!]

I'm amazed you got planning permission for it! I've had permission for a window refused because it would overlook a neighbouring garden, even though it was 10 feet to the boundary, and the boundary was an 8 foot high hedge, and the neighbour didn't mind the window going in, and the neighbours house was another 15 feet away from the other side of the hedge, ......

 

[Nemesis]

When we in a similar situation, although it was very difficult, for reasons of being 'friends' with the neighbour who wanted the window, as it did totally destroy our privacy, the council insisted on obscure glass.

Not that that would prevent anyone removing it in future I agree...

We moved house.

 

[Lime]

I have some sympathy for both parties.
Having a window installed doesn't guarantee a view or even light.

Relying on light from over someone else's property is putting yourself in a vulnerable position for obvious reasons.
If the window is only 2ft from the boundary I would have thought about this scenario before it was fitted.

 

[Johneds]

It is extraordinary to obtain permission for a window directly overlooking a neighbouring property. I sometimes get obscure windows to bathrooms and wc's passed but never from ground floor clear windows.

How would you open the window without trespassing into your neighbours airspace. Were you going to have a specially made one to open inwards?

 

[tony baldwin]

Hi all.... well that was quick !

They are / were our 'friendly neighbours' we had asked for their permission B4 & after a bit of negotiation they agreed

Apparently as we are in a conservation area it was a matter of planning & not building regs (all a bit lost on us I'm afraid)

Its a sash window & with ref. to the boundary the ground that surrounds our wall is their garden

All in all it looks like we were lucky to be given permission but all we did as complete laymen was submit the plans & 3 months later it was agreed with out any intermediate correspondance.


Tony

P.S thanks for the link to gardenlaw

 

[mark_j_k]

One of our neighbours windows in in our entry, on the 1st floor. It overlooks the space outside our back door and our bathroom window. Good job we've got obsucred glass in the bathroom otherwise they would be able to see right in.
We spoke to the council about it and they were useless and said there was nothing they could do.

The window is only 3 foot long by no more than a foot wide. It has been there longer than we've lived in our house so we've just got used to it.

 

[thiambal]

Windows can be funny things. Friends recently had a lean-to added to the rear of the house It involved installing a row of fixed windows where there had previously been nothing but open space between their house and the neighbours - so essentially enclosing some of their land using windows.

The issue was raised that these windows overlooked their neighbours property. They tried to explain that, as the windows replaces open space, the neighbours were if anything less overlooked as the frames partially obscured the view. It still led to some heated discussion - before the voice of reason prevailed.

 

[skier-hughes]

But the difference with open space and a lean to is that you are much more likely to be in a lean to then in open space - particularly during the winter so you are more likely to overlook. :wink:

Graham

 

[thiambal]

Well possibly! :wink:

 

[Sal]

we have several neighbours with windows right on the border of our garden - course we bought the house like this so knew it was so. So i guess I come down on the side of the overlooked rather than the window owner. as I understand it.. you are entitled to light.. and thats about it. You have no right to what they choose to do with their garden

be grateful its just trelis. they could opt to keep pigs.

 

[Nemesis]

Keeping pigs may bring into play a whole raft of legislation!

And we once owned a house where keeping a pig was specifically forbidden in the deeds. Possibly a small hardship, at the time when many people did keep a pig for annual slaughter. Our currect house incorporates a pigsty next to the privy, part of an attached barn.

Things worth considering though:

Conservation Area status brings restrictions on 'fencing' although how much each local authority actually enforces this is another matter:

http://www.planning-applications.co.uk/domesticpd4.htm


I would have thought any window anywhere required Building Regulations approval. Putting in a window without could bring difficulties when selling.

 

[Lime]

as I understand it.. you are entitled to light.. and thats about it. You have no right to what they choose to do with their garden

In most modern cases no entitlement to light exists. If a neighbour's tree takes the light from your house there is no immediate legal action you can take.
Action can be taken for dangerous trees or roots undermining property but not normally lack of light.