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Gabes2016

Hey All,

so heres one to rattle the brain on a miseable day.

Built an extension onto the back of the house less that 40sqm, 18.5sqm to be precise. its a flat roof extenison and bifold were the choice of door.

When the exetension was being built it was suggested to install a larger window to the 1st floor bedroom floor to lintel. The width stayed the same and the lintel stayed as is.


Rang the council last year and they said once its not seen from a public road , its not a protected structure, not directly facing a property, its not the front of the house then planning was not required.

So the neighbours have decided to put in a complaint to the council a year later ( not directly facing, overlloking has not been increased)

The question is now, do you need planning permission? we are 13 meters to the nearest boundry and that boundry has trees over 10 meters tall, house was built in the 70s

seamus

I guess the question here is whether the planners consider the new window to be part of the extension works, or an independent alteration.

If it's part of the extension, then it's covered as an exempted development. If the planners feel that it's an alteration independent of the extension, then it's not an exempted development.

If they do decide planning is required, then an application for retention should be successful, given what you've outlined.

Gabes2016

Calahonda52 wrote: »

Trees are irrelevant.
I see it as an indecent alteration: frosted glass may be the answer.
I lost a similar case where in the line of sight was 22 meters, window to window

I spoke to the council today and they said it was to do with access to the roof, howerver the window opening is about 300mm and full lenght, tilts in towards the room. so access is impossible.

why did you lose the case ?

Gabes2016

seamus wrote: »

I guess the question here is whether the planners consider the new window to be part of the extension works, or an independent alteration.

If it's part of the extension, then it's covered as an exempted development. If the planners feel that it's an alteration independent of the extension, then it's not an exempted development.

If they do decide planning is required, then an application for retention should be successful, given what you've outlined.

one would think that and your point is valid. If you google it an archietect from the west had a vaild argument against it. in short, "you have the right to 14sqm on the upper floor level and that if you were to increase the floor size by 0.1sqm then you would be able to change the windows without planing"

Gumbo

Gabes2016 wrote: »

I spoke to the council today and they said it was to do with access to the roof, howerver the window opening is about 300mm and full lenght, tilts in towards the room. so access is impossible.

why did you lose the case ?

I would deem this exempt as it’s a window over 11m from the boundary it faces at first floor level.

But, and there’s always a but.
Can this window be opening like a door?
Does it create access to the flat roof so the council would have concerns about roof terrace access.
Also, you say the window only tilts in, how do you escape in case of fire?

Gabes2016

Gumbo wrote: »

I would deem this exempt as it’s a window over 11m from the boundary it faces at first floor level.

But, and there’s always a but.
Can this window be opening like a door?
Does it create access to the flat roof so the council would have concerns about roof terrace access.
Also, you say the window only tilts in, how do you escape in case of fire?

No the window can't open like a door. And no we xant get access to the roof.
There is an emergency hammer for the window if that helps

Gumbo

Gabes2016 wrote: »

No the window can't open like a door. And no we xant get access to the roof.
There is an emergency hammer for the window if that helps

No that doesn’t help unfortunately.
Who installed the window?
They should come back to fit a compliant window, unless you have another window in that bedroom?

sydthebeat

Gabes2016 wrote: »

No the window can't open like a door. And no we xant get access to the roof.
There is an emergency hammer for the window if that helps

???

Who in gods name suggested that?

seamus

Gabes2016 wrote: »

I spoke to the council today and they said it was to do with access to the roof, howerver the window opening is about 300mm and full lenght, tilts in towards the room. so access is impossible.

Ah. Well then it should be pretty straightforward for you.

If any part of the roof of the extension is to be used as a balcony, then it's not an exempted development.

The neighbours obviously seem to believe that this is what has happened.

Does the window open vertically or horizontally? And, being honest here, have you used the roof as a balcony at any stage?

Gabes2016

seamus wrote: »

Ah. Well then it should be pretty straightforward for you.

If any part of the roof of the extension is to be used as a balcony, then it's not an exempted development.

The neighbours obviously seem to believe that this is what has happened.

Does the window open vertically or horizontally? And, being honest here, have you used the roof as a balcony at any stage?

Being totally honest I have never used nor do I tend to use the roof as a balcony
whenever I go up on the roof i have always used a ladder.

The window opens vertically ( tilt in towards the room)

Im of the opinion that the neighbours just have a chip on their shoulder

seamus

I wouldn't worry about it so. They might be looking at the vertical window and thinking "sure that's practically a door".

Once someone from the council takes a look and sees that it's clearly not a door and that you haven't set your roof up with furniture and potted plants, they'll likely dismiss the complaint.

They might request that you install a restrictor on the window in order to maitain the exemption, but it's a big might.

sydthebeat

Gabes2016 wrote: »

Being totally honest I have never used nor do I tend to use the roof as a balcony
whenever I go up on the roof i have always used a ladder.

The window opens vertically ( tilt in towards the room)

Im of the opinion that the neighbours just have a chip on their shoulder

is the window required as a means of escape from a bedroom?

awec

It sounds like a tilt and turn window. Are you sure it doesn't open like a door? Usually turning the handle one way opens it in a tilt, and turning the handle the other way lets it open like a door.