4) Reduction of privacy - Overlooking into your garden or rooms

Generally, the public seems to expect the planning framework to protect against any new window that would provide a line-of-sight into an existing bedroom or bathroom (installed without frosted glass), living room, or on to a garden patio area.  Unfortunately, the planning system does not generally provide this level of protection.

In any residential area some overlooking of gardens, patios and into the rooms of other houses is inevitable. It is the level of overlooking that needs to be considered.

• If the proposal allows overlooking FROM a living room window, or a raised terrace then this could be a significant factor in refusing the planning application
• If the proposal allows overlooking INTO an existing living room then this could also be a significant factor in refusing the planning application
• If the proposal results in an upstairs bedroom window overlooking your garden then this is likely to be of lesser significance in the consideration of the planning application.  
• If the new window is more than 18m away from your own windows then this is not deemed to be overlooking or to result in any loss of privacy for your rooms (even bedrooms).  
• If the new window is closer than 18m then a solution can sometimes be found by making the window high-up, utilising frosted glass, or the installation of a hedge or trees. (The use of planting  may then create issues of loss of sun light - shading).
• Neighbours may state that this is a loss of privacy as they do not have curtains (or frosted glass) installed.  They may also take the view that they should not be forced to suffer the cost and inconvenience of installing curtains when it is the neighbour doing the development that gets the benefits. It needs to be recognised that:
• Numerous planning applications for residential areas are granted that result in reduced privacy
• The planning authorities appear to rely on bedrooms having curtains and bathroom windows constructed with frosted-glass.  
• There is nothing within the planning framework that can compel the owner/developer to compensate for the cost of installing curtains or replacing glass.  

Note - The 18m mentioned above is not formally defined, and other higher distances may be quoted. If the distance is less than 18m then overlooking is something to consider.

If you believe you have a strong argument against a planning application based on ancient light, loss of daylight or because of visual intrusion there is only so much that the planning system will do to protect your amenities. You need to seek expert advice and decide how far you are willing to go in protecting your amenities.

 

By Geoff James

Planning applications - Ancient lights, protecting daylight and overlooking/privacy     Cont..

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The information and opinions within this site are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Local Planning Apps shall accept no responsibility for any errors, omissions or misleading statements on this site or for any loss which may arise from reliance on information contained within this site. No mention of any products, shall imply any approval or warranty as to the standing and capability of any such products on the part of Local Planning Apps or its clients.

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