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So a builder has just purchased the bungalow behind us and is planning to build a dormer with windows that would overlook my house, they would look directly down on our patio and into our bedroom and kitchen.
I believe the dormer is permitted development.
is their anything i can do ? would i have any grounds to appeal ?
Appeal on what grounds?
Lots of folk have windows that are visible from other folks houses. I don't think there's any rules to prevent it.
So a builder has just purchased the bungalow behind us and is planning to build a dormer with windows that would overlook my house, they would look directly down on our patio
You'll just have to divorce her instead.
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.Material considerations can include (but are not limited to):
Overlooking/loss of privacy
Loss of light or overshadowing
Parking
Highway safety
Traffic
Noise
Effect on listed building and conservation area
Layout and density of building
Design, appearance and materials
Government policy
Disabled persons' access
Proposals in the Development Plan
Previous planning decisions (including appeal decisions)
Nature conservation
However, issues such as loss of view, or negative effect on the value of properties are not material considerations.
https://www.planningportal.co.uk/faqs/faq/4/what_are_material_considerations
Is this really an issue? Live and let live.
it probably is within permitted development as you say although in the back of my mind im sure there is an issue if the window overlooks an adjoining property and that they would have to use obscured glass and there is some issue with the window opening. Talk to your local planning as they will be able to tell you what the local "rules" are.
Check the permitted development regs on what is and isnt allowed if they are going that route.
Get a sign made up warning your property is a "naturist zone" and do some carry on camping style exercised butt naked when he has viewings to try and sell the place on after the extension 😀
As above, they may have to use obscured glass. Check what rules apply in your area.
Though, looking at your drawing, that might only apply to a three-storey loft conversion.
perchypanther
You'll just have to divorce her instead.
Took me a minute 🙂
Look up the planning guidelines, there may be a special little princess clause in there.
Look up the planning guidelines, there may be a special little princess clause in there.
Ah. I was wondering when the local internet tough guy would turn up.
I went through something similar fairly recently. We (and our other neighbours who were also affected) objected on grounds of loss of privacy. The planning application was rejected, although I imagine they will resubmit with something more sensible.
I don't think you're being unreasonable.
Talk to your local planning department...
Build a bigger fence if you're worried about seeing his nakedness in the morning.
+1 for calling your local council planning dept.
Especially if those red lines in the illustration are laser beams.
Raise the height of that fence?
Notify your local planning officer.
Ignore the idiots.
You have rights - exercise them.
+1 for calling planning dept.
IM(limited)E planing departments are quite willing to discuss things informally before you need to get into formal rejection territory.
I would be upset and complaining if that were my house that was being overlooked.
Speak to planning.
I don't think you can reasonably expect privacy in your back garden unless you live in a rural area, but by all means speak to the local planning dept and see what they say.
FWIW, our garden is overlooked by about 3/4 dormers from the terrace over the back. I'm sure they all love it when I mow the grass in my speedos.
I'm sure they all love it when I mow the grass in my speedos.
Veet?
The reviews make it sound better than your method.
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I've been through something similar twice before.
First house we bought, the people at the back applied for a 2 storey extension that came right up to our boundary but didn't include any overlooking windows. We objected to it as it overshadowed our garden. Neighbours either side did exactly the same. It was allowed and once they started building it a window appeared in the first floor. Called the council and explained this to them. The response was "oh no, you can't be right as thats not on the plans" as I was stood in my kitchen staring at it. Long and short of it was that the planning dept/officer involved was utter rubbish, allowed the development to go ahead with first floor windows looking down into our gardens. The guy next door who was a bit of an odd guy was in the middle of constructing what can only be described as a massive billboard a foot away from his back fence when we moved out.
Lesson learnt? Get in there early, read up on whats allowed and whats not. And keep going. Make a real bloody pest of yourself.
Second time in our next house in a conservation area someone put a dormer on a house opposite. Under the rules of a conservation area stuff like this has to be pre-approved, must be in keeping with the area, mustn't drastically alter a roofline etc etc etc. I became an expert on conservation area development! Anyway, this dormer was full width of the house, clad in white PVC with PVC windows (rest of the house was original sash windows). I spoke to the council as no planning had even been presented to them so they were interested in it. Again, long story short, my logical and informed argument led the dormer to being drastically reduced in size and made more in keeping with the area.
All these people saying move on etc, oh please fk off. You live there, its your privacy thats potentially being invaded. Do everything you can to stop it if you think its going to ANY effect on your use of the garden etc.
Is that picture to scale? If not, how far from property1 to fence to property2?
permitted dev for loft conversion is max 50m3.
we had the same thing when we put in planning app for our dormer, neighbours didnt like being overlooked so we moved the window a bit further from their garden. We did this just to be polite, I dont think it would have prevented us getting permission.
PDs for [b]rear[/b] dormers are quite lax, TBH.
The obscured/non opening window rule is for side and forward facing windows (velux if forward facing).
We built a massive dormer with Juliet balcony. Yeah, it overlooks the neighbours gardens, but ours isn't the only one with a rear dormer.
The side window is obscured but DOES open. We needed planning for that. It looks over the neighbours drive/bins. Odd.
You'll probably find it's all allowed under PD.
DrP
Loss of privacy, IIRR, depends on distance between properties. But, looking at it, if you drawing is to scale, then they shouldnt be allowed to impinge on a line that goes up 6ft from the boundry and in at 45°.
If they follow the rules of permitted development there is very little you can do. Tbh even if they breach the rules slightly the council are unlikely to do anything. You could check if permitted development rights have been withdrawn for some reason. After that only real option is to talk to them and see whether they would be willing to do something voluntarily but I doubt they would. I presume if their hour is higher they will have a reasonable view beyond your house so won't want to lose that feature. Flip side is that you have the same rights if you want to extend.
It's a minefield. Having been on the other side of it all I can say is do what you think you have to but don't eat yourself up over it.
Our story was we wanted to do some work to our house which necessitated a re roof and re pitch, this would block the sea view from my neighbours downstairs toilet window. This was a 9 inch high top level window in a downstairs bog, you had to stand on a small step to see out. He got totally bent out of shape to the point that he was completely unreasonable, made an arse of himself locally and with the council. That final point put him in theri crosshairs or more specifically his unpermitted development of a garage and a swimming pool ! Both had to be removed, he blamed me for grassing himself up. Long story short, we moved. He's still there bitter and angry.
You'll probably find it's all allowed under PD.
This. As DrP says, obscured windows relate to the side.
There are rules regarding distance between extensions and the back boundary, but a loft conversion is not an extension.
I'm struggling to see your objection though, most people's houses are partially overlooked by others- hence stipulation of minimum distance to boundary for extensions.
thanks for all the advice and yes i shall call planning for an informal chat.
Just to make it clear, im only trying to find out my position on the issue, if i have grounds to appeal then yes it would be great to maintain my privacy, i appreciate some people don't care if they are looked upon but personally i would prefer it if i was not, i will not be getting bent out of shape if i have no grounds to appeal, but i feel it is wise to know what my position is.
page 31 onwards set out what your neighbour can do using their PD rights. Dormers are class B PD while rooflights are class C.
[url= http://webarchive.nationalarchives.gov.uk/20151113141044/http://www.planningportal.gov.uk/uploads/100806_pdforhouseholders_technicalguidance.pdf ]http://webarchive.nationalarchives.gov.uk/20151113141044/ http://www.planningportal.gov.uk/uploads/100806_pdforhouseholders_technicalguidance.pdf [/url]
There probably very little you can do, unless these PD rights have been explicitly removed (e.g. on the original permission for the house) or you're in a Conservation Area, National Park, AONB etc.
You could ask your neighbor to partially obscure the lower panes. Most people don't want to overlook neighbours, but it is the perception of being overlooked that is uncomfortable.
Good luck!
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