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Bobba
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Our neighbours have advised that they are going to build a decking patio / balcony on the rear of the property. The amount of timber delivered is awesome. We are somewhat concerned about invasion of privacy.

The properties are semi-detached on an incline, they are downhill from us. Their house has a small cellar (because of the incline) we do not. The result is that their kitchen patio doors are almost to the same level as our lounge and patio. Access from their kitchen to their garden as via a metal balcony and stairs which was installed by their predecessors. To avoid looking in to our property their predecessors erected a small wooden fence at our end of the balcony plus some honeysuckle. It has not been a problem.

What now looks to be the case is that they will build an elevated patio which replaces the current metal stairs and will extend out in to their garden thus allowing them to look over our garden and back in to our house. This I believe is an invasion of privacy.

Does anyone know please of any planning requirements aimed at preventing invasion of privacy which we can use to get them to alter their plans and we maintain the sanctuary of our own patio? Thanks.

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You need to calmly voice your concerns with you neighbours and ask the to extend the fence\honey sickle or erect your own fence.

 

Check if they have applied for planning and check your title deeds and theirs to see if any restrictions on light or building but generally there is no right to privacy or a view in law.

If you are uphill from them can you see into their house and garden from yours?

 

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Size and raised would probably require planning based on the description. 
 

Are they just replacing the balcony and stairs with wooden. 
 

we have a raised deck and the amount of timber required above that or a ‘normal deck’ was phenomenal. 

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20 hours ago, peakiepie said:

Sorry. I should have said, any raised patio, decking, etc. I had this from our previous neighbours who wanted to build a raised patio much higher than 30cms, which would have enabled them to overlook most of our property. Planning was refused.

 

14 hours ago, ShootingEgg said:

I am in the process of going through planning for an extention. If the deck is going to be over 300 then it needs planning, and if it will allow them to overlook id be surprised if its allowed, you could have the conversation with them and just say you're concerned about being overlooked. 

Many thanks for your advice. I was completely unaware of the 30cm rule but have now read up on it. I very politely spoke with the neighbour as work commenced this morning !! I asked her to outline their intentions. The platform will be some 4ft off the ground to access the kitchen and extend 8-10ft in to the garden. (They will not only overlook our garden but be able to look back into our lounge!)  I asked if they had planning permission. She said they didn't need it. I then explained the 30 cm rule and invited her to google it if she had doubts. At the moment work seems to have stopped.

I also spoke with Council planning admin who advised contacting the planning enforcement team. This I did this morning. It's now a wait and see moment.

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Do you really think that your neighbour is actually all that interested in nosing into your garden or your lounge?  They want to splash out a load of cash in builiding something just so they can peek over the fence!

While I do understand the basic concern of privacy I also do wonder what do people expect when we live in an environment with neighbours.

Given the nature of their property and the need for an elevated deck if they wish to make better use of an outside space, I find it quite disappointing that the first thought would be to deny them the ability to make the most of their house and garden for fear they might look into your garden.

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Not sure you would feel the same if someone was to build something looking into your living room!

I don't think that the concern is the intention to look in but the ability. Would you be happy if sat on your sofa scratching your nuts you had a cheery wave from the neighbours? Just having a cuppa and the neighbours are walking around in what might as well be part of your garden? Getting into bed with the neighbours watching as they brush their teeth?

I don't think the OP suggested that the reason for the decking was to spy on them but that it needed more thought to maintain the privacy. There are rules to keep everyone happy and I'm sure they will be followed now that the neighbour knows. It may be as simple as agreeing a fence height to keep everyone happy or it may mean having to apply for planning as it seems they should have done in the first place.

 

Edd

4 hours ago, grrclark said:

Do you really think that your neighbour is actually all that interested in nosing into your garden or your lounge?  They want to splash out a load of cash in builiding something just so they can peek over the fence!

While I do understand the basic concern of privacy I also do wonder what do people expect when we live in an environment with neighbours.

Given the nature of their property and the need for an elevated deck if they wish to make better use of an outside space, I find it quite disappointing that the first thought would be to deny them the ability to make the most of their house and garden for fear they might look into your garden.

 

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3 minutes ago, eddoakley said:

Not sure you would feel the same if someone was to build something looking into your living room!

I don't think that the concern is the intention to look in but the ability. Would you be happy if sat on your sofa scratching your nuts you had a cheery wave from the neighbours? Just having a cuppa and the neighbours are walking around in what might as well be part of your garden? Getting into bed with the neighbours watching as they brush their teeth?

I don't think the OP suggested that the reason for the decking was to spy on them but that it needed more thought to maintain the privacy. There are rules to keep everyone happy and I'm sure they will be followed now that the neighbour knows. It may be as simple as agreeing a fence height to keep everyone happy or it may mean having to apply for planning as it seems they should have done in the first place.

 

Edd

 

Having lived in a terrace where the gardens were separated by a 3ft chestnut paling fence offering zero privacy and floor to ceiling windows in the lounge that the neighbours could gawp in it didn’t fuss me. I wasn’t interested in gawping in their windows or them mine.

There is a very big difference between someone seeing in a bedroom window or a lounge.

As I said I do appreciate the concern around privacy, but it disappoints me the first thought appeared to be what legal protection do I have to prevent the neighbours doing something that seems entirely reasonable in wanting to enjoy their garden more.

I agree a fence or screen being put in place by the neighbours would be reasonable, so why not start of with a conversation saying that?

It’s not specifically the OP that disappoints me, it is that general attitude of intolerance that so many have.

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8 minutes ago, enfieldspares said:

And if the OP is in his lounge practicing his gun mounting or cleaning his gun and the neighbours now see that? It is a potential breach of his security if these people don't know he has firearms.

What a load of twaddle.

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1 minute ago, Gordon R said:

It is not so much as a divine right to privacy as the existing arrangements being altered. Before - private - after - not so.

I get that, but what struck me was the attitude of what can I do to stop them.

They have as much right to enjoy their garden as the OP does his.

From my reading of his description is their proposed decking exits their kitchen at the same level as his patio, so in extending their indoors to a usable outdoors space they are doing that at the same level as the OP extends his indoors space to the outdoors.
 

I assume their garden slopes downhill from the OP’s garden so instead of exiting their kitchen onto a side slope they are extending some decking to give them a level area.  So if they sit on their deck they sit at the same height as the OP on his patio.

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9 hours ago, Bobba said:

 

Many thanks for your advice. I was completely unaware of the 30cm rule but have now read up on it. I very politely spoke with the neighbour as work commenced this morning !! I asked her to outline their intentions. The platform will be some 4ft off the ground to access the kitchen and extend 8-10ft in to the garden. (They will not only overlook our garden but be able to look back into our lounge!)  I asked if they had planning permission. She said they didn't need it. I then explained the 30 cm rule and invited her to google it if she had doubts. At the moment work seems to have stopped.

I also spoke with Council planning admin who advised contacting the planning enforcement team. This I did this morning. It's now a wait and see moment.

Glad you were able to talk to them, hope this can be resolved in a amicable way and you dont fall out. 

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On 20/07/2020 at 13:04, grrclark said:

Do you really think that your neighbour is actually all that interested in nosing into your garden or your lounge?  They want to splash out a load of cash in builiding something just so they can peek over the fence!

While I do understand the basic concern of privacy I also do wonder what do people expect when we live in an environment with neighbours.

Given the nature of their property and the need for an elevated deck if they wish to make better use of an outside space, I find it quite disappointing that the first thought would be to deny them the ability to make the most of their house and garden for fear they might look into your garden.

Got to say I'm with you on this one.

People can get very entrenched, when someone is just trying to improve their lot, I'd rather live and let live.

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13 hours ago, 12gauge82 said:

Got to say I'm with you on this one.

People can get very entrenched, when someone is just trying to improve their lot, I'd rather live and let live.

Yep, me too.  We have a clause in the deeds for houses in my street that no commercial, liveried vehicles or caravans should be parked overnight.

Over the years there has been some mega fall outs between neighbours when folks situations have changed and they have gone self employed or maybe got a job with a liveried vehicle and have parked their vans in driveways.  There has been petitions to try and ban people from parking in their own driveways and other sneaky efforts to try and garner support amongst neighbours to deny people planning permission as a revenge, even for things like garage conversions.

It staggers me that some of the neighbours have been so petty and would actively seek to disrupt someone's livelihood or make mischief in people wanting to make the most of their own homes.

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I'd look at this differently.

If you buy a house that has clauses/covenants outlining things that you can and can't do then why should you be allowed to do those things? 

What about the people who bought there just because they felt strongly about liveried vehicles or commercial vehicles? Do their opinions not matter because someone's situation changed? Should they just have to accept that the reason they bought their house is now dismissed because a neighbour got a new job?

A bit like buying a house near a farm and then complaining about the animal smells and noises or that people shoot there. That was there before the new person moved there so accept it. The rules about vehicles (or in the OP's case planning) were already in place and apply to everyone. Why do you think some people should just be allowed to ignore them?

Where does it stop if the deck/patio in this case is allowed to go ahead unchecked? 

Extension? New drive? Loft conversion? Extra storey added to the house? Another house built in the garden?

The rules are there for everybody. Sometimes they are a PITA but they protect everyone in the long run.

 

Edd

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1 hour ago, grrclark said:

Yep, me too.  We have a clause in the deeds for houses in my street that no commercial, liveried vehicles or caravans should be parked overnight.

Over the years there has been some mega fall outs between neighbours when folks situations have changed and they have gone self employed or maybe got a job with a liveried vehicle and have parked their vans in driveways.  There has been petitions to try and ban people from parking in their own driveways and other sneaky efforts to try and garner support amongst neighbours to deny people planning permission as a revenge, even for things like garage conversions.

It staggers me that some of the neighbours have been so petty and would actively seek to disrupt someone's livelihood or make mischief in people wanting to make the most of their own homes.

Purely out of curiosity,  what can anyone do about a works van or caravan parked on your own drive ?, even if it says in the deeds that you can't do it ?.

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Some covenants are time limited to keep up an appearance for a number of years - we had one to stop us changing the front of the house for X years - possibly to use as a reference for other potential buyers. We didn't not because of a covenant - iiiiiif we had wanted to do it though, would it have stopped me - don't think so - I might think differently though if I was on a large development with an active site management presence. If debt collectors aren't allowed to take a person's tools of his job - which would include a van I suppose - how could a covenant be enforced to potentially remove somebodies livelihood from them when circumstances have changed?🤷‍♂️

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