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Hi all,

Looking for some advice...

My neighbour had some plans approved to build a large double storey extension, right up to the boundary of our properties.

Recently, he applied for a "non-material change" application to add an obscured window in to that wall.

The council has approved the application and I was not notified at all as consultation does not take place for non-material changes.

I complained as the window-sill will overhang over the boundary, when they open their window, it will open into my land and the window has possibly granted him right of light.

The council said they considered my property when making a decision, however, they only considered the overlooking factor and ignored my other points. They said their decision is valid based on Section 96A of the TCPA.

For me, I cannot see this as a non-material change as:
- It encroaches onto my land
- Potentially gives my neighbour right to light and thus prevents me from developing in the future should I want to.

I do have an agreed party wall agreement with my neighbour, but that was based on the old plans and not the amendment.

I've been struggling to get some good advice regarding this.

Can anyone give me their thoughts and some advice?

Thank you!

It may be ok from Planning terms. What about Building Regulations?

Thanks Damian,

Not sure, I'll give them a call and ask them. I think he's using private building regulations, but I'll ask the council.

If the window is within 1m of the boundary, it is not allowed to be openable.