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Have you been in touch with the council to date on the matter please?
Hello joshua, ive filled out an online planning breach report with the council .Ive outlined that the window isnt as my neighbour described and what we agreed too.The following ive taken off the councils website " Any side facing windows MUST be obscure glazed and non-opening unless the parts which can be opened are more than 1.7mtrs above the floor of the room in which it is installed ". The windows are obscure glass but they both open fully? Hope this helps kr ian.
Thanks. You are quite correct in your reference - this was precisely the point I intended to make. The General Permitted Development Order provides that any side facing windows which are not obscure glass do not fall for permitted development - in other words he needs planning permission for the same.
That he has not got it should (I do not say will because it is up to the council to enforce the Planning legislation) mean that the council serve him with a notice requiring him to alter the window or apply for permission for the same. If he does the latter you will have the opportunity to object in the usual way and the application will be decided in accordance with local planning policy - you can ask the council for a copy of the relevant policies which are often also available on their website.
One would hope the council will deal with the matter promptly for you. If not you can submit a complaint to the council and from the a complaint to the local authority oombudsman service but hopefully these steps will not be required.
As an alternative you may consider reviewing your neighbours title deeds to see if there are any binding covenants which his works fall foul of. This is comparatively unlikely to result in anything terribly useful but it may be worth looking.
You can obtain a copy of your neighbours title deeds here if necessary.
Is there anything above I can clarify for you?
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