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Right of Privacy

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madmaz50 | 14:34 Mon 19th Nov 2012 | Law
13 Answers
A new house has been built adjacent to our bungalow. There were trees providing privacy between ourselves and the new build. The builders are going to remove all the trees etc. so the occupants of the new house will have direct and unobscured line of sight from their bedroom windows into our bedroom and lounge areas. Have we any way to appeal / object or any recourse if they do remove all the trees etc. ?
I thought that people had a right to privacy !!
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If there is a minimum distance of 21 metres between yours and the new houses windows, then the Planning Laws have been adhered to, I'm afraid.
15:01 Mon 19th Nov 2012
We looked into building an extension a few years ago. The council turned the plans down on the basis that one window would infringe our neighbour's right to privacy. It went to appeal and the council decision was overturned.
I think if you are going to object, do it SOON
if the house has been built it's too late! why didn't you object in the planning stage?
Get some leylandii planted on your side. Wont take long to get your privacy back.
You could always plant some more trees, on your side of the boundary.
As bednobs says... you've left it too late. you should have objected at the planning stage.

Additionally, you have no say over how your new neighbours garden is managed, if they want to cut down the trees then they can do so (baring any issues with tree preservation orders). If you want a boundary to provide you privacy then plant one yourself.
If there is a minimum distance of 21 metres between yours and the new houses windows, then the Planning Laws have been adhered to, I'm afraid.
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Hi Jackthehat

What is the significance of 21 metres. I have measured the distance from the edge of our bedroom exterior wall to the closest point of the new house and I get it to 20.2metres.
21 metres is the planning law distance.
if its window glass to window glass, that may then be 22 metres :-(
It's window to window and that is if they are directly facing each other. If there is an angle between the two properties, the minimum distance reduces.
In most streets there are unobscured window to window sight lines. I appreciate that you may of had total privacy before, but curtains will retain your privacy.

If you do go for the replant route ensure that you plant right on the boundary and not wholly inside your garden, as after a few years this can lead to boundary/ownership issues.
Dave, how can you do that if there is a fence on the boundary and you don't own the fence?
get on to your council. Habitable rooms such as living rooms and bedrooms should not be directly overlooked. if the separation distance between buildings has been observed than they may have covered themselves but separation distance is, as we found out only a guideline and not a rule .If the new build has been built at an angle and the windows are not directly facing yours even though realistically you are overlooked there is nothing you can do. Welcome to our world.

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