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• Planning Factsheet: Privacy and Overlooking

Planning, building and the environment

Planning Factsheet: Privacy and Overlooking

Sometimes people are troubled by the feeling that the privacy of their homes or gardens has been harmed, as new buildings nearby allow strangers to see in. Because of the need to remain impartial in planning cases, Communities and Local Government does not provide legal advice. Nor can we intervene in, or comment on, your council's handling of a planning case that results in loss of privacy. However, we hope these general responses to queries about privacy and overlooking will be helpful.

I think that new development near my house will allow overlooking

When a planning application is submitted, everyone is entitled to comment. The council puts the application and the plans on its Planning Register. You have a right to inspect the Register at the council's planning department. It may be on the council's website too. If objecting, make sure your comments relate to planning. The planning system seeks to protect amenity and the environment as seen from the point of view of the public interest.

As well as objecting, you could write to the council to suggest that, if it does decide to grant permission, it may want to think about imposing planning conditions. For instance, a condition could compel the developer to put frosted glass in certain windows of the new development, erect a screening fence or hedge, or prevent the insertion of more windows later.

If the neighbours get permission, my property value will drop

As a general rule, planning decisions have to be based on land-use planning considerations, such as the scale or design of what is proposed. The effect on local property values is not a planning consideration.

But the neighbours can see into my home

Once planning permission has been given, that is usually that. If you feel sure the procedure was carried out wrongly, you could seek legal advice. Otherwise, depending on the situation, see if sensible planting, the use of blinds or translucent glass will help reinstate your privacy.

Under 'permitted development' rules, my neighbours can install new windows in their house and I have no chance to object

In the Town and Country Planning (General Permitted Development) Order, the Secretary of State grants a general planning permission for various small-scale alterations to a house, removing the need to apply to the council. It allows people a reasonable degree of freedom to make the most of their properties, whilst relieving the council of a large burden of unnecessary planning applications. The rights to create dormer or bay windows, however, are subject to a number of limitations and conditions designed to protect amenity. Listed buildings are also protected. For more details see the booklet Planning: A Guide for Householders.

My neighbour has put up a cctv camera...

Provided it is for 'security purposes', a closed-circuit television camera can generally be put up on any building which is not a listed building, or on a fence or boundary wall, without needing an application for planning permission. However, some important restrictions - for example, on how the camera should be positioned on a building - are set out in Part 33 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 [Statutory Instrument 1995 No 418]. This legislation is not designed to control what a camera sees. The Order can be purchased from The Stationery Office, telephone 0870 600 5522, or viewed on its website.

Surely I have a right to privacy?

For rights to be enforceable, they have to exist. That is, they would either have to exist in law or be identified in an English court of law or other tribunal as rights in a particular case. For example, you could object to a planning application on the grounds that a new development would overlook your property, but there is no general or automatic 'right', as such, not to have your land overlooked. If you feel your private rights are being infringed, seek legal advice.

Doesn't planning law lay down minimum distances between windows of houses and flats, or acceptable angles of sight, to control overlooking?

No. Houses, flats and gardens tend to be all shapes and sizes, at different distances from, and in a unique orientation to, any neighbouring buildings. Housing land is scarce and valuable. No practical, reasonable and enforceable design standards have been devised which would allow the full use of land whilst guaranteeing complete privacy for every householder.

For 'permitted development', the law sets limits and conditions which help to reduce the likelihood of intrusiveness. Where there is a planning application to assess, decision-makers may be influenced by policies in the development plan, or relevant guidance. As with all design matters, securing a reasonable degree of privacy is a task left (in the first instance) to the expertise and judgement of each local planning authority. Third parties in planning cases can sometimes challenge planning decisions not based on planning considerations in the courts, though legal advice about this would be essential. Only applicants have a right of appeal.

Has the Government issued any guidance?

• In Better Places to Live by Design: A Companion Guide to PPG3, we make a number of design recommendations which recognise the importance of privacy in the home.
• To help planners of new communities, this Department has co-sponsored research from Mulholland Research and Consulting. Its report Perceptions of Privacy and Density in Housing is now available from Design for Homes; telephone 0870 416 3378 or order through www.designforhomes.org

Why not check out the Planning Portal (external link) for more useful advice on planning topics. The Planning Department of your District, Borough or City Council may be able to help with any further questions you have.