Retired nurse, 81, says she has ‘completely lost’ her privacy after developers built extensions overlooking her home – and the council says the windows can stay despite being put up without permission
- Stratland Estates ignored planning permission restrictions and built windows
A furious homeowner has hit out after housing developers built windows into next door extensions without permission leaving her feeling ‘exposed’.
Retired nurse Pat Nightingale from Romsey, Hampshire, said she has ‘completely lost’ her privacy after a council allowed an appeal for the dormer windows to stay.
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.
And Mrs Nightingale has been left livid after an appeal was accepted by Test Valley Borough Council.
The pensioner, 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.
Pat Nightingale from Romsey, Hampshire, said she has ‘completely lost’ her privacy
Pictured are the two new completed homes which overlook Pat’s house in Hampshire
The homes with the extensions seen on the right, looking onto Pam Nightingale’s property
One of the homes with the new extension and new windows seen through the trees, overlooking Pam’s property
The homes with the extensions seen behind Pam’s property
The start of the new dormer windows being constructed on the homes in Romsey
‘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’.
She 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 but says it will be too long before they provide any cover.
‘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 mother 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.’
Stratland Estates had ignored planning permission restrictions and built the windows in the roof of two new homes
‘The developers started putting in dormer windows without planning permission,’ Pat says – pictured is the construction process
A close up view of the dormer windows which have caused the controversy
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.
‘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.
The homes with the extensions seen behind Pam Nightingale’s property
The early stages of the development, when the site was still clear
The dormer windows of the second house being built
Mrs Nightingale was particularly upset at the unrestricted view the windows will have of her sun lounge, part of her kitchen and her garden
The early stages of the development, when the site was being cleared
The homes with the extensions seen on the right, looking onto Pam Nightingale’s property
The houses in the process of being constructed – the early stages
‘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 5 these would be oblique and not in my view unacceptable.
‘I have found that the proposal would not result in unacceptable overlooking. 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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