Advice On Side Windows

[Laurence737]

Hi Everyone,

 

I was wondering if anyone had any advice on new side windows.  We are planning a 4th bedroom conversion to the rear of our property that requires us to move the window from the existing bedroom onto the side elevation of our property.  Are there any general rules of thumb that planners use to determine if the new window would need to be obscured?  The side window overlooks our drive and garage and then an open expanse of green land, the next property is a good 30-40m away from the window.

 

Ideally we would like to avoid having to have a frosted window in the bedroom, and was hoping someone might be able to shed some light on what our chances might be getting this through planning?

 

Thanks

Edited July 5, 2020 by Laurence737

[DevilDamo]

In ‘normal’ Planning situations, first floor side facing windows would need to be obscured glazed and contain no openings below 1.7m above finished floor level. This is also the PD requirement and guidance. However, each application is determined on its own merits so the LPA should be a lot more relaxed in your case as the new first floor side window would not appear to pose any overlooking issues.

 

Just make sure you deal with it via a formal Planning application (and I assume part of the main extension works) as LDC application for PD would automatically restrict its design and appearance. Not to mention a PD window would not meet the BR escape window requirements resulting in you having to provide a protected staircase.

[Temp]

Given the new window would not overlook anyone I would put in a planning application or make it part of the planning application for your extension if one is needed. I think there is every chance it would be approved. If they put in a condition requiring obscure glass I would appeal the condition on the grounds its not necessary to prevent overlooking.

 

It might be worth taking a photo from the height of the proposed window to show the view in that direction to prove no overlooking would occur. 

 

 

 

 

 

Edited July 5, 2020 by Temp

[Laurence737]

We need to put in the planning app, which we are working on at the moment.

 

We were hoping that would be the case, but didn't know if they just took a blanket approach to side aspect windows, so that's encouraging to hear that it is possible.  We intend to take as many pictures and submit detailed distances/aspects as we can to try and convince them.

 

I presume worst case we could look at a clerestory window if the worst comes to the worst?, we just really don't want to have to put an obscured window in if at all possible,

[DevilDamo]

Some LPA’s insist on fully obscured glazed windows irrespective of their height while others state the part up to 1.7m is to be obscured while the part above 1.7m can be clear glazed. That would be a conversation you’d need with your LPA but as mentioned above, you shouldn’t even have to get to that stage of compromise.

[Temp]

It's worth remembering that planning conditions have to meet several tests or you will win an appeal to get them removed. 

 

https://localgovernmentlawyer.co.uk/planning/318-planning-features/37259-making-planning-conditions-great-again#:~:text=Crucially%2C the 6 tests in,out on a statutory basis.

 

Crucially, the 6 tests in Paragraph 206 of the NPPF (i.e. planning conditions must be: i) necessary; ii) relevant to planning; iii) relevant to the development; iv) enforceable; v) precise; vi) reasonable) are now set out on a statutory basis.

 

i would argue that a blanket ban on clear glass in side windows could fall foul of at least  i) and vi) in this case.

[Mr Punter]

12 hours ago, DevilDamo said:

Some LPA’s insist on fully obscured glazed windows irrespective of their height while others state the part up to 1.7m is to be obscured while the part above 1.7m can be clear glazed. That would be a conversation you’d need with your LPA but as mentioned above, you shouldn’t even have to get to that stage of compromise.

16 hours ago, DevilDamo said:

PD window would not meet the BR escape window requirements

 

I often see conditions to prevent overlooking requiring windows to be obscure glazed and fixed shut.

 

I cannot see why it would apply to this case other than to protect the gardens of the houses at 2 o'clock, but they appear to be protected by trees.

 

[Ferdinand]

50 minutes ago, Mr Punter said:

 

I often see conditions to prevent overlooking requiring windows to be obscure glazed and fixed shut.

 

I cannot see why it would apply to this case other than to protect the gardens of the houses at 2 o'clock, but they appear to be protected by trees.

 

 

In this case you the OP could propose for example a window to permit venilation but prevent full opening by a stop, which would meet the overlooking condition.

 

Suspect one may get away with a disengageable stop so that  it could also be an escape window,  provided that the stop could not be practically disengaged to allow overlooking.  

[Temp]

I'd apply for what you want (clear and openable) and wait for them to respond.  

[DevilDamo]

5 hours ago, Mr Punter said:

 

I often see conditions to prevent overlooking requiring windows to be obscure glazed and fixed shut.

 

I cannot see why it would apply to this case other than to protect the gardens of the houses at 2 o'clock, but they appear to be protected by trees.

 

Yes, no openings below 1.7m so you are normally allowed high level/fan light windows. The only time the permanently fixed shut requirement comes into play is BR’s and those windows, which are located within 1m of a boundary.
 

Unless the trees have some kind of protection in the form of TPO’s, then applicants cannot look to use them as a balance to help provide or maintain privacy issues.