Is there a legal minimum distance that must separate a new housing development from an existing property? | LawHive - Solicitors & Lawyers Online
Is there a legal minimum distance that must separate a new housing development from an existing property?
I am seeking some legal advice in relation to building regulations/planning conditions. There is a new housing development being built behind the party wall at the end of my rear garden. In the planning conditions/officers report it states that there should be a minimum 22m separation distance between my property and the rear facing windows of the new dwelling. I have taken my own measurements and found it to be no more than 19m in distance. I made complaints to the council as soon as the foundations were layed only to get ignored for months with the only communication received stating that ‘the development thus far is constructed are in accordance with the approved planning drawings’. The dwelling is now in its final stages of completion. If it is not 22m in distance as stated in planning then surely the drawings are wrong if they are being built in line with the drawings? Who’s responsibility is it to enforce these planning conditions and is this 22m separation distance legally binding? The main reason why I am being so stubborn about this is the fact that the dwelling has been built at such a high ground level (around 6 feet higher than my property) so it completely over looks my rear garden. Is there also any law regarding ground level? The ground level was not this high before work commenced, they clearly could not be bothered to move all the excess dirt created from digging foundations. Any help with what rights I have and what I can do about enforcing them would be greatly appreciated. The builder circled is stood on the ground! Many thanks.

Christopher Aguilar

6th April 2022

1 upvote

Top Answer
NQ you can contact the planning permission department of your local council and inform them that you believe they are not sticking to plans agreed. They will come out and check

Cynthia Phillips

6th April 2022

NQ , is it the window of a habitable room?or is it a bathroom or cloakroom window , because there are different regulations covering non habitable room windows I believe

Zona Tuley

7th April 2022

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