Guidance on distance between habitable room windows

[Loz100]

Hi,

Sorry I am a newbie & not sure where to actually post my questions.

My name is Lorraine & we had an extension around 3 years ago. 
Our architect at the time suggested adding side elevation windows to a couple of our bedrooms & we also placed one in the side elevation new study.

Building regs have been signed off & completion certificate issued etc etc on our extension so all fine regarding the windows being placed to the side.

However, the land adjacent to our house has just been sold for development & the builder would like to build 4 bungalows on the site. A number of those windows will face our side elevation windows and also loom over us to the whole of that side (our lounge window is on that side of the house to the rear & will lose skylight & outlook).
I have attached pictures to show the proposed development layout & also pictures of our side elevation window positions. 
I am just hoping for a little guidance as I need to submit my objections to the planning case worker & would like to sound as though I have at least a little knowledge regarding what the acceptable distances should be & rules regarding the privacy issues & overbearing feel this will have on us. 

I have read that the distance is 21m between habitable room windows but does it matter if the windows are not primary ones & just extras as in my sons bedroom (his main window is to the rear)? But privacy wise people will still be able to see into his room! Does that get dis regarded?

My daughters room has her sole window to the side aspect but it was placed slightly higher so her headboard would fit underneath it. Does the height make any difference? 
Her old dressing room now has a door width access point & is my granddaughter’s room. I have put red lines to highlight on the plans. 
The rear bedroom windows will also be able to see into the bungalow bedroom windows & vice versa. Is the any guidance regarding distances for windows that are not face to face, if that makes sense?

Also, with regards to the 45 degree test will our 8 ft fence down that boundary impact on that being enforced? 
What other factors may impact this being enforced? 

So sorry for all of the questions but this is stressing me out. 
Many thanks for reading this far & any guidance would be greatly appreciated.

Thank you for your time x 

 

 

 

 

Edited September 26, 2023 by Loz100
Wrong picture

[ProDave]

Can you explain a little better?  Which elevation of yours faces the development site? 

 

Plot 4 is the one closest to your garden but I don't see any windows proposed on the side that faces your garden?

[Loz100]

The one at the bottom of the picture with 3 top windows & 1 study window on ground floor

plot 4 has 2 bedroom windows & a front door facing towards our fence

 

[saveasteading]

Good questions. Yes 21m (sometimes 22 or 23) are the general guidelines, basically that any more than that suggests that there is no argument about over-viewing.

It is a guideline though and may  be varied, for example huge windows looming above another property.

it doesn't matter how small the windows are, because the rule applies both directions. 

 

I would argue that a fence cannot be assumed to be  permanent.

 

The test is quite clear really. Would someone nosily or accidentally be able to see from one window into another? I don't think the height matters.

 

Neither should obscured glass be accepted, as the glass can be changed.

 

I have had windows that were closer accepted, but had to slant our windows so that there was no direct view.

[Loz100]

Apologies I put old plan up

[ProDave]

Still waiting for clarification which elevation of yours faces the development plot please?

[Loz100]

[Loz100]

[ProDave]

Okay so you have windows on both floors facing the development.

 

So your objection should be that the development should not have windows on an elevation facing your house withing 21 metres of your windows.

 

The original development layout with the bungalows in a square had no windows facing you.  I wonder why they changed it.

 

Agreed it does look like over development.  That is a separate matter for the planners to consider.

 

 

[Loz100]

1 hour ago, Loz100 said:

The first ones were rejected by highways & didn’t even get to our objections 

Although there was a brick wall 1m away from our study window on that design

 

 

 

 

 

[Loz100]

Does the 21m only apply to a principle window?

The middle bedroom on that side only has the one window so that I have assumed should have 21m separation distance between windows. 
What would the distance need to be if they moved windows so just a wall facing her room? Is that 8m?

Approx 4m on their current design

Also, my daughters window is slightly higher so we could fit her headboard underneath. Would that impact any guidelines?

 

My sons bedroom is to the rear & his main window faces to the back but he does also have 2 windows on the side elevation. Would these be considered as not his principle window? But still a privacy concern regardless surely? 
 

I am so confused. 
 

Also, would plot 4 not break the 45 degree rule?

[Loz100]

All of our back windows would also be able to see into their bedrooms

Is there a minimum distance for the rear or our house to their bedroom windows as sideways not face to face?

Apologies for all my questions 

[saveasteading]

Height doesn't matter unless above about 2m. Ie above head.

Applies to all windows regardless of size and 'importance'.

 

Blank wall proximity is another matter. I'd have to look it up.

 

The design having clearly illegitimate windows suggests this isn't a skilful design. Builder chancing his arm, using the cheapest person who has cad?

 

Even the huge developers engage low skilled technicians and leave the quality control to the neighbours and the council.

[Loz100]

Hi

The planner has mentioned that 21m distance between habitable rooms may only apply to back to back buildings so our side bedroom window may only need several metres gap to another habitable room because it is on our side elevation???? He is going to confer with his line manager. 

This makes no sense to me, as privacy is the issue, so why does it matter if on our side elevation? It will still be a bedroom facing a bedroom so should be offered the same distancing guidelines as a rear to rear development. 
I am now bewildered and confused 🥹

 

[Alan Ambrose]

Planners are pretty sensitive to over-looking, so file a carefully worked comment on the LPA planning website stating your concerns. They'll probably be listened to and added to the conditions. Do this promptly so you don't miss the window.

[saveasteading]

55 minutes ago, Loz100 said:

 I am now.bewildered and confused

I think the planner is bewildered and confused. Of course it applies to all windows.

If there was any differentiation it would obv prioritise bedrooms and bathrooms....but there isn't.

Memory tells me that 21m is guidance not obligatory, but the principle is clear enough.

 

Alan a is right. Do it online pdq. Stick to the facts unless you can find very specific rules or precedents.

 

[Loz100]

Thank you so much for your assistance 

I thought I was going mad as he just kept reiterating that the 21m only applies to back to back developments & this will be a side to back/front scenario so the 4m gap may be acceptable 

I will draft something up now & leave it online