A WOMAN says she is “so exposed” after developers put up newbuild extensions “without permission” which let people gaze through her windows.
Retired nurse Pat Nightingale said she has “completely lost” her privacy after a council allowed an appeal for the dormer windows to stay.
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“Arrogant” Stratland Estates had ignored planning permission restrictions and built the windows in the roof of two new homes, meaning they now overlook the 81 year old’s property.
Mrs Nightingale, from Romsey, Hampshire, has been left livid after an appeal was accepted by Test Valley Borough Council.
The 81 year old who moved into her home in December 2021, said: “They had planning permission for the houses but they were supposed to have conventional roofs.
“Then the developers started putting in dormer windows without planning permission.
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“When the planning did come up, it wasn’t granted, but they carried on building it anyway.
“Enforcement officers came but they were ignored.”
Mrs Nightingale was particularly upset at the unrestricted view the windows will have of her sun lounge, part of her kitchen and her garden and said she feels “so exposed now”.
Mrs Nightingale revealed the council have approved the planting of young trees in a small “ecological strip” between the gardens of the residents and the overlooking homes.
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“They’re talking about 80cm oak tree saplings,” she added.
“It’ll be 50 years before that grows up to provide any sort of screening.
“It’s crazy – so what they have done is jump the gun by just building the dormer windows anyway without permission – it’s arrogant.”
Mrs Nightingale, who is mum to two and grandmother to four, moved to the area to be closer to her daughter.
“She thinks it’s awful, but I’ve had it imposed on me,” she added.
“It just makes me feel so exposed – I feel I’ve completely lost my privacy.”
After Stratland’s successful appeal, she said: “I was disappointed but not surprised to hear that Stratland’s appeal had been successful and that they can leave the dormer windows in place that they built without planning consent.
“There were two main reasons for the appeal being allowed despite the inspector agreeing that there was mutual overlooking.
What are your rights in retrospective planning permission?
A local planning authority can invite a retrospective application, according to Gov.uk.
You should submit your application without delay.
Although a local planning authority may invite an application, you must not assume permission will be granted.
A person who has undertaken unauthorised development has only one opportunity to obtain planning permission after the event. This can either be through a retrospective planning application or an appeal against an enforcement notice – on the grounds that planning permission should be granted or the conditions should be removed.
The local planning authority can decline a retrospective planning application if an enforcement notice has previously been issued.
No appeal may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application.
“One was that the distance of 29 metres between the houses was greater than the 20 metres that is usually considered acceptable.
“The other was that even if the appeal was refused and the developers removed the dormer windows, once they had complied with the original plans they could have rebuilt the dormers under permitted development rights and maybe even built them larger.
“This shows a ridiculous anomaly in our planning laws which gives developers a green light to flout them.”
Mrs Nightingale added that she was concerned for the safety of three poplar trees between her property and the development.
She said: “They should be pollarded, or at least trimmed back, which will encourage them to produce new shoots and improve screening.
“In addition, the gaps between them should be filled by planting new young native trees, which will also improve screening and be good for wildlife.
“I have written to the developer to this effect, but have received no reply.”
When the Planning Inspector accepted Stratland Estate’s appeal last month, planning inspector Jonathan Manning said: “The appellant has set out that as a fall-back position the dormer windows could be constructed under permitted development rights in any event.
“The council is of the view that permitted development rights can only be exercised once the development has been completed in accordance with the approved plans, which is not the case here.
“I acknowledge the frustrations expressed by local residents that permitted development rights were not removed when the council allowed the original application.
“However, were the appeal to be dismissed there is no mechanism for retrospectively removing such rights.
“The occupants of a neighbouring property have also raised concerns about overlooking and a loss of privacy.
“Whilst some views would be possible from the dwelling located on plot five these would be oblique and not in my view unacceptable.
“I have found that the proposal would not result in unacceptable overlooking.
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“However, I have found conflict with the development plan due to the harm caused to the character and appearance of the host dwellings and the area.
“However, the fall-back position is a material consideration that outweighs this conflict. On this basis, the appeal succeeds.”
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