Neighbours over looking my house

tommer

Hi all i have a big problem with the new neighbours his house is behind mine aprox 5 meters never had a problem with previous owners but new owner has dug out part of garden put a concrete roof on it to use as a deck but it leaves dividing wall on his side 3ft my side is aprox 12ft now he can look straight in to My kitchen, bathroom and bedroom, legally where do i stand on privacy laws at a loss as what to do any information would be great thanks in advance

nuac

Get an engineer to check if this needs planning permission.

If so report to council, asking them to take enforcement action.

If they don't you can make an application under Section 160 of PDA 200.

afaik there is no legal right to privacy, altho in dealing with planning applications the planners do try to ensure some privacy.

slimjimmc

AFAIK you need planning permission to use the roof of any structure as a deck or roof-top garden or similar even if that structure is otherwise exempt.

tommer

I didn't know that, that's very interesting thank you for that nugget of information I will follow that up, i have appointment with barrister tomorrow hopefully will get some good news, many thanks to all, but still open to more information

Graham

tommer wrote: »

i have appointment with barrister tomorrow hopefully will get some good news, many thanks to all, but still open to more information

It might work out cheaper to start with the local council.

goz83

My bathroom window has frosted glass. If anyone else wants to have a nose in the other windows while i'm wearing the birthday suit, well it's at their risk.

Though seriously, call the council about it.

h2005

What do you mean by concrete roof?

Kevin McCloud

h2005 wrote: »

What do you mean by concrete roof?

Its a roof made of concrete, concrete built is better built.

Del2005

tommer wrote: »

Hi all i have a big problem with the new neighbours his house is behind mine aprox 5 meters never had a problem with previous owners but new owner has dug out part of garden put a concrete roof on it to use as a deck but it leaves dividing wall on his side 3ft my side is aprox 12ft now he can look straight in to My kitchen, bathroom and bedroom, legally where do i stand on privacy laws at a loss as what to do any information would be great thanks in advance

How high was their side before they dug out some of it? If they didn't dig would it not have been level beforehand?

BTW I'd try having a chat before getting the council or barrister onto them, they live beside you and fighting neighbours rarely win.

tommer

Del2005 wrote: »

How high was their side before they dug out some of it? If they didn't dig would it not have been level beforehand?

BTW I'd try having a chat before getting the council or barrister onto them, they live beside you and fighting neighbours rarely win.

There would have been about ten feet on his side he dug down for a shed,he built the shed 7ft 6 with steps up the side on to concrete roof leaving 30 inches of a wall between us . Also he is directly behind my house

tommer

Del2005 wrote: »

How high was their side before they dug out some of it? If they didn't dig would it not have been level beforehand?

BTW I'd try having a chat before getting the council or barrister onto them, they live beside you and fighting neighbours rarely win.

slimjimmc wrote: »

AFAIK you need planning permission to use the roof of any structure as a deck or roof-top garden or similar even if that structure is otherwise exempt.

Dose that mean ANY building regardless of size also there was no planning notice on site or local paper

FreudianSlippers

Kevin McCloud wrote: »

Its a roof made of concrete, concrete built is better built.

10/10 Apt username.

h2005

Kevin McCloud wrote: »

Its a roof made of concrete, concrete built is better built.

I get that I'm unsure as to the nature of the construction. Is it an actual extension on the house? How high off the ground is it?

tommer

h2005 wrote: »

I get that I'm unsure as to the nature of the construction. Is it an actual extension on the house? How high off the ground is it?

It is a shed to the rear of his house aprox 8ft high with a concrete roof that he will use as a deck , it's a split level house as in the upstairs is level with the road behind my house

slimjimmc

slimjimmc wrote: »

AFAIK you need planning permission to use the roof of any structure as a deck or roof-top garden or similar even if that structure is otherwise exempt.

tommer wrote: »

Dose that mean ANY building regardless of size also there was no planning notice on site or local paper

Had a look through the planning regs (PDF) and the only mention of a balcony / roof-top garden is for extensions to the house (Class 1 development). If the shed is detached from the house then that restriction might not apply however other restrictions might (See Class 4) apply. The planners are the best people to advise.

Del2005

tommer wrote: »

There would have been about ten feet on his side he dug down for a shed,he built the shed 7ft 6 with steps up the side on to concrete roof leaving 30 inches of a wall between us . Also he is directly behind my house

That's a bit cheeky. As a temporary measure to maintain your privacy could you put up some windbreaks.

Or as I think getting the council onto a neighbour should be the last resort, you still have to live beside them, see if they will but screens up on their side. A mutual comprise is better than an enforcement order and ongoing bad relationship with a neighbour.

tommer

Del2005 wrote: »

That's a bit cheeky. As a temporary measure to maintain your privacy could you put up some windbreaks.

Or as I think getting the council onto a neighbour should be the last resort, you still have to live beside them, see if they will but screens up on their side. A mutual comprise is better than an enforcement order and ongoing bad relationship with a neighbour.

I suggested a screen of sorts something like marine ply with angle iron brackets and he just dismissed my idea altogether even tho I said I would pay for it to be done

slimjimmc

Del2005 wrote: »

That's a bit cheeky. As a temporary measure to maintain your privacy could you put up some windbreaks.

Or as I think getting the council onto a neighbour should be the last resort, you still have to live beside them, see if they will but screens up on their side. A mutual comprise is better than an enforcement order and ongoing bad relationship with a neighbour.

tommer wrote: »

I suggested a screen of sorts something like marine ply with angle iron brackets and he just dismissed my idea altogether even tho I said I would pay for it to be done

You need PP to raise a boundary wall above the allowed maximum height of 1.2m at the front or 2m to the rear and sides.

Reputable Rog

What is the approximate area of the structure? Are there any other structures independent of the main dwelling and the new structure present in the garden ?
Does this new development reduce the amount of private open space available to the developer to less then 25 square metres?

nc19

Maybe a picture from an upstairs windows might explain it better???

tommer

Reputable Rog wrote: »

What is the approximate area of the structure? Are there any other structures independent of the main dwelling and the new structure present in the garden ?
Does this new development reduce the amount of private open space available to the developer to less then 25 square metres?

The size of the shed aprox 10x8 feet and private open space would be less than 25sqm

Reputable Rog

If the area of private open space available to him is less then 25 sq metres then it requires planning permission.
Perhaps a picture of whats going on to clarify exactly what is going on here.

Anyhow don't waste money on barristers , the council will look after it for free.

slimjimmc

tommer wrote: »

Dose that mean ANY building regardless of size also there was no planning notice on site or local paper

Full planning permission lasts 5 years from the date it was granted so perhaps permission was sought and granted without you noticing. You can check the online planning database on your local authority website to see if any PP was sought for that address.

Graham

I'd be surprised if any local authority granted planning permission for a viewing platform at the end of a neighbours garden but no harm checking.

tommer

Reputable Rog wrote: »

If the area of private open space available to him is less then 25 sq metres then it requires planning permission.
Perhaps a picture of whats going on to clarify exactly what is going on here.

Anyhow don't waste money on barristers , the council will look after it for free.

Many thanks to all , I will be contacting the council on Monday I think is best leave them to sort this mess , Thanks again folks have a nice day

tommer

slimjimmc wrote: »

Full planning permission lasts 5 years from the date it was granted so perhaps permission was sought and granted without you noticing. You can check the online planning database on your local authority website to see if any PP was sought for that address.

The House was only bought about December 2014

Reputable Rog

tommer wrote: »

The House was only bought about December 2014

Planning permission is for the property not the owner.

tommer

Reputable Rog wrote: »

Planning permission is for the property not the owner.

I honestly don't know because the banks sold the house at an auction

seamus

tommer wrote: »

I honestly don't know because the banks sold the house at an auction

His point is that if there was planning permission for this structure, it could have been sought at any time in the last five years. The current owner doesn't have to be the one who obtained it.

Del2005

tommer wrote: »

I suggested a screen of sorts something like marine ply with angle iron brackets and he just dismissed my idea altogether even tho I said I would pay for it to be done

You've done all you can, shame some people are so pig headed.

slimjimmc wrote: »

You need PP to raise a boundary wall above the allowed maximum height of 1.2m at the front or 2m to the rear and sides.

The OPs is already over 3m, but since this is legal I can't say anymore.