Home owner may have to rip up decking 'which overlooks neighbours bedrooms'

A homeowner faces having to rip up new garden decking after complaints that it overlooks their neighbours’ bedrooms.

The work at a house on Otterburn Gardens, in Bonnyrigg, was carried out without planning permission and drew objections from three other residents.

And when the applicant applied for retrospective planning permission for the new decking, it was rejected by Midlothian planners who said it breached their privacy rules.

A report by planning officers said the work was ‘neat’ and could not be seen from the street, but it said it raised the garden, which was already on a slope and naturally raised, too high while reducing the fence between the house and neighbours to less than a metre high.

They said of one neighbouring property: “The raised ground levels within the application site allowed for overlooking to the rear windows and some overlooking over the garden ground .

“However, this overlooking is significantly increased as a result of the new deck and new low fencing (0.9m high) above the deck allowing for clear and direct views in to the rear windows, particularly at ground floor level but also to a first floor bedroom window nearest the boundary at much closer proximity resulting in an overbearing detrimental impact on the privacy of this (neighbouring) property.”

The report added that on the other side of the applicant’s house the impact was similar and also allowed sight into a first floor bedroom window.

Objectors had complained about the ‘direct and intrusive’ overlooking caused by the heigh of the decking and loss of privacy to neighbours in their gardens.

They also warned that allowing it could set a precedent for other gardens in the street.

One neighbour said the decking which was almost a meter above the ground level was just three metres from their rear windows looking into their living area.

The planners report said an agent for the applicant had provided a brief statement addressing national policy regarding tackling climate and nature crises saying: “It states that the deck used recyclable timber which is a sustainable option. Local workmen carried out the work.”

The report recommended the council “refuse planning permission and take appropriate enforcement action.”