AI Legalese Decoder: Safeguarding Privacy Rights against Next Door’s Intrusive Patio Construction
- September 11, 2023
- Posted by: legaleseblogger
- Category: Related News
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Neighborhood Garden Issue Raises Concerns
Location: England
I reside in a semi-detached house in England, which features a garden that slopes downwards towards the back fence and the communal car park. The dimensions of the garden are approximately 6-7 meters long, and the vertical distance from the house to the back fence is estimated at 3-4 meters.
Recently, we welcomed new neighbors who expressed their plans to renovate their garden, without providing any specific details.
Prior to commencing the work, their garden featured a decking area at the back, similar to ours, extending about 1.5 meters from the French doors. Additionally, they had a sloping lawn leading to their back fence. Our property shares a resemblance with theirs as our decking arrangements have remained unchanged for the past seven years.
However, last week, the work on their garden commenced, unveiling a rather concerning development. They constructed foundations and raised the level of the ground for a new flagged patio. The flooring of this platform lies approximately 200-300mm lower than their decking, but extends outwards by about 3-4 meters. What is even more worrisome is the fact that the new patio is directly against the shared fence, adjacent to the steps leading up and down to my back fence.
As you may have already realized, the issue at hand is the compromised privacy caused by this new patio. Standing on this elevated area, our neighbors now have an unobstructed view of not only my entire garden but also the entire ground floor of my open-plan lounge and kitchen.
To address the situation, my wife and I paid a visit to our new neighbors and explained our concerns to the husband. We approached the matter in a friendly manner, offering assistance or ideas if they encountered any difficulties during their project. Our intention was to foster good neighborly relations.
The following morning, while the husband was at work, I discovered his wife discussing the issue with the landscaper. From their conversation, it became evident that they intended to proceed with their plans despite our reservations. Later that day, as I was on my way to my car, the wife confronted me and requested that my wife refrain from contacting her husband. I complied with her request and even offered my own contact information as an alternative. Surprisingly, she declined, threatening me with accusations of harassment if I were to initiate any form of communication.
Needless to say, after this encounter, I have no further desire to engage with this unpleasant individual.
As it stands now, we find ourselves facing an almost complete, towering structure resembling a helicopter landing pad, built in close proximity to our garden, with uncooperative neighbors. Adding to our dilemma, their two dogs persistently stick their heads over the fence, even jumping on it, forcing me to step aside from my own flag steps. Moreover, the potential consequences of rainwater accumulation on their new patio remain uncertain, as it may eventually cause flooding, potentially damaging the shared fence.
While I remain optimistic that a resolution will be reached in our favor, it is essential to consider our legal standing in this matter. We have taken the step of filing a complaint with the local planning office, and they will assess the situation in due course. However, we are unsure of the likelihood of our success, given the vague nature of the planning laws regarding raised platforms. Consequently, I am seeking guidance on what legal recourse may be available to us.
Should you require any further details, please feel free to inquire, as I may have omitted certain information due to my present frustration.
AI Legalese Decoder could assist in this situation by providing access to legal expertise and guidance. It could help navigate the complex legal landscape by analyzing and interpreting relevant laws and regulations pertaining to raised platforms, privacy rights, and potential legal actions. Furthermore, the AI Legalese Decoder could aid in preparing a strong case and advising on the best course of action to protect your privacy and resolve the adverse impacts caused by the new patio.
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****** just grabbed a
The planning team should confirm on their visit but if it’s raised over 30cm from the highest ground then it will need planning permission.
If it’s under 30cm from the highest ground then even though it’s higher at the other end it would fall under permitted development.
How quickly you get success depends on how good your council is. Assuming they have gone over 30cm and so would need planning, the council can take action.
My MIL had something very very similar happen, but it was decking. Neighbour built decking over about half of their garden and it meant the fence was knee height when they were stood at the edge and they could look into her house.
She contacted planning department and within a month the council had made them remove it. Surprisingly I donÔÇÖt think her council is particularly that great, but planning departments can be very quick to take action when there is no planning permission.
NAL but this is quite a common development for people with sloping gardens.
Can you add a fence topper to your fencing to provide privacy?
It sounds as though this might be in breach of planning law, but it is not clear from your explanation – see here for an introduction: [https://www.planningportal.co.uk/permission/common-projects/decking/planning-permission](https://www.planningportal.co.uk/permission/common-projects/decking/planning-permission)
The formal guidance is here (page 44): [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf) and the law is here: [https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/1/crossheading/class-e-buildings-etc-incidental-to-the-enjoyment-of-a-dwellinghouse](https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/1/crossheading/class-e-buildings-etc-incidental-to-the-enjoyment-of-a-dwellinghouse)
https://imgur.com/UCuF8zN
https://imgur.com/jtVGJo3
>Yesterday I was working outside and every time I went up my flag steps, their two dogs stuck their heads over the fence, even jumping on it to lean over to me
If the dogs were aggressive then this should be reported to the police because such a low fence will not nesacerily contain them.
If planning allows their development I suggest you do the exact same to your garden and see how they like it
Petty is the way
Hang dog bowls at the top of your fence on your side. Fill them each day! Twice a day if they start clearing them out. Tell them it’s for wild birds if they complain.
Labradors are greedy bastards. They’ll have twice the amount of shit to clean up and have to come up with some kind of diet plan.
Its not your fault their dogs are not properly container in their garden.
If you want to be a bit petty, lean on/slightly over the fence to pet the dogs while facing towards to back 9f their house. Taste of their own medicine. You could put up a higher fence, or willow screening for some privacy
A frosted perspex panel will permit light and give privacy.
Aside from battling this, if it doesn’t go the way you want it to I would plant some really nice trees along that boundary now so they get going. Silver birches, cherry etc will give you coverage all summer. Otherwise choose something evergreen. If you hate them, out a confier in.
Also, your garden looks lovely.
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Judging from your video, people in the street can look into your garden, so can people in all of the houses opposite. Just wack a trellis up and stop winging.
Why would they need to contact you for “questions or ideas to overcome” you just sound like the typical nosy neighbour.
Install a 6 foot wooden panel fence between your garden and theirs problem solved.
Not sure I understand you fully, but if the photo is from your back garden cant everyone see into the back of your house anyway?
It sounds to me that it is permitted development, but somewhat inconsiderate without consultation.
I would be looking to raise the fence height for privacy, but there’s no legal right in most cases to not be overlooked, especially where the terrain gives increased sight lines.
Edit: NAL
NAL but had a similar experience. Depends on your council’s laws, but as you have complained to the planning committee, they will come have a look and tell them to take it down or get permission. They can’t get permission, so they will have to take it down. The council will make sure they do!