Neighbour's Conservatory Window Issue

[mateus]

Hi,

My neighbour plans to build a conservatory (well Orangery actually) and has kindly shared the plans with me.
My issue is the fact that he has a window on th plan which will be in the side of the extension looking onto my garden.

The height of the extension is 2400mm and the window looks to be approx 400mm deep - is this 'legal' as the wall will form the boundary to my property.

Thanks for any help

 

[freddiemercurystwin]

Is he doing this under Permitted Development? Unfortunately there's nothing to stop them. Make sure when he builds it nothing overhanging ie eaves or guttering do not stray over your boundary. Is the window 400 high or is that width? How high off the ground is it?

Of course you could always suggest you may build a fence within your boundary should he fit the window!

 

[mateus]

By permitted development? Is less than a certain % so can be done without planning permission?

Window looks to be 400mm high so would be 6ft and up - ish?
Still seems odd to have window that low and looking into neighbours garden...

May mention the fence option!

 

[freddiemercurystwin]

Yes, Permitted Development allows you to carry out development without applying for Planning Permission provided certain rules are obeyed.

Here is what you can do under Permitted Development regards an extension:
http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonextensionreal/
http://www.planningportal.gov.uk/uploads/miniguides/extensions/extensions.html

Here is what you can do under Permitted Development regards an conservatory:
http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonconservatory/
http://www.planningportal.gov.uk/uploads/miniguides/conservatory/conservatories.html

Obviously if any of the rules are not adhered to then Full Planning Permission needs to be applied for.

You have not said how close your house is to the boundary. If it is close you may consider the Party Wall Act or similar.

 

[mateus]

House is about 1m from mine and the wall of his house joins straight into a fence line (in line with the side of the house)

Thanks for info.
Will maybe speak to him about not having window first...

 

[big-all]

why not ask if he minds chemicaly frosted non openers!!!
dont forget a fence is limmited to 2m or 6ft 7" max height without planning
also unless the floor is well abouve the ground level providing the windows are about 5ft8" above floor level they cannot see out into your garden

 

[ColJack]

care to share the plans on here with us? photo of the offending area will do as long as it's in focus and of a decent size.

 

[ColJack]

dont forget a fence is limmited to 2m or 6ft 7" max height without planning

from who's side and what ground level?
if he decides to build a decking 2 foot off the ground right up the the fence then is it from the height of the decking?

you might want to suggest to the neighbour that you are considering an extension which would butt up against his, making his window a problem..

might be worth suggesting a skylight instead..

 

[big-all]

decking above 300mm needs planning
its above the natural prevailing ground level that you measure from
if its a flat site its 2m if its sloping its 2m above the highest natural ground level where an individual fence panel will touch along its length as the hight for each individual panels

 

[mateus]

Untitled

• mateus
• 14 Jun 2010
• 1

This is the side where the window will be.

If the building/extension is in line with his house - the guttering will overhang into my garden too - is this permitted as well??

 

[big-all]

Untitled

• mateus
• 14 Jun 2010
• 1

This is the side where the window will be.

If the building/extension is in line with his house - the guttering will overhang into my garden too - is this permitted as well??

no part off his building can overhang your property during or after construction without your permission

 

[mateus]

Apparently he is not getting planning permission as not needed.....
So how do I 'stop' certain things?

 

[freddiemercurystwin]

First off you need to talk to him softly softly like. See what he says. Before getting legal on his ass! ie injunction to stop work.