Planning Permission Tips In The Uk- What You Should Know About The Rights Of Light To Neighbor's Adj

What a controversial topic the of rights of light turns out to be when extending or developing a property

. Most Planning Departments provide guidance but unfortunately it is specific in some places and totally nonspecific in other areas which leaves the subject wide open to interpretation.

One of the most subjective areas for debate is with regard to side windows on neighboring properties. The trouble starts in determining whether the neighbor's side window is a secondary or primary window. If it is the only primary window for a neighbor's room then the chances are the Planners will pay great attention to your extension or development. They will want to be sure that the sun is not blocked to the window by your development. Conversely, secondary windows present far less of a problem and are often dismissed by Planning Departments. This is, however, only a guideline and surprises can and do occur. These surprises usually come in the form of a neighbor who introduces an objection which forces the Planning Officer to make a case to support your plan against that of the neighbor's complaint.

One would think that proving the scientific evidence associated with light issues would override the negative opinion of the Planning Officers. Their guidance is very complicated and the average citizen nor the Planning and Appeal Officers never understand it. Therefore, you are advised to avoid the scientific approach at all costs. The guidance on whether or not your project actually obstructs the light to the neighbor's window is actually very useful in proving to the Planners that you do not need to prove the loss of light by calculation. In most rights of light issues, the practical and pragmatic assessment approach is often more productive than the scientific process.

From the legal standpoint, most solicitors will usually advise you about the 20 year rule. This is where a neighbor has a right to light if they have enjoyed continued light for a contiguous period of 20 years. Solicitors love the scientific approach as long as it provides fee earning potential for them when fighting a plan through the appeal process for a developer or defending upset neighbors. Unless you have a lot of cash to absorb these fees you should stay clear of solicitors and use them as a last resort.

The conclusion to side windows and right of light is this: Most neighbors that have a side window facing your extension or development will protest to the Planning Officer. Completing a risk assessment of these windows first is vital. Should you discover that a neighbor's primary window is on the side of the property that is next to your project building, do not ignore it. You should adjust the design of the new building to take this window into account. If there are no other options for your plan, there are numerous other rather clever arguments and tactics that you can use which will allow closer development.

by: Gen Wright

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