What to check if you're concerned about overlooking
Work through these points to assess a genuine overlooking concern:
- Identify whether the structure causing overlooking is exempted development or requires planning permission
- Check whether new windows, balconies or decks directly face your garden or main amenity space
- Assess the distance and elevation involved, since higher and closer structures cause greater overlooking
- Review the council's development plan for design standards addressing overlooking and privacy
- Consider whether screening, obscure glazing or a boundary treatment would reasonably resolve the issue
- Raise overlooking explicitly as a ground in any written submission on a planning application
- Ask the council about a section 5 declaration if you believe an already-built structure is not actually exempt
Where works are exempt and lawfully built, planning law generally will not require them to be altered even if overlooking results, so raising concerns early, during the application stage, is far more effective than after works are complete.
Other remedies outside planning law
Separately from planning law, general property and nuisance law may occasionally offer a remedy in extreme cases, but this is a civil matter for the courts rather than the planning authority, and legal advice would be needed to assess whether it applies to a particular situation.