Rights of light to neighbours windows - What you need to
know.
Rights of light - What a minefield this topic is when developing or extending
a property. This is potentially one of the most subjective Planning issues their
is. Most Planning Departments will have guidance but I guarantee it will be
specific in parts & definitely woolly or non specific in other areas leaving the
subject wide open to interpretation.
One of the most common areas for debate is with regard to side windows on
neighbouring properties. The general rule of thumb is whether or not the
neighbours side window is a principal or secondary window. If if is the only
principal window for a neighbours room then the chances are the Planners will
pay great attention to your development or extension. They will want to be
satisfied that the window is not interrupted from skylight by your building
project. Secondary side windows on the other hand to habitable rooms or windows
to non habitable rooms are far less contentious & are often ignored by Planning
Departments in their impact assessments.
However, this is only a rule of thumb & surprises do sometimes occur. These
surprises often arise from neighbour induced objections where the Planning
Officer is forced to stick out his neck & make a case to support your scheme
against that of the neighbours vitriol - you don't see many headless Planning
Officers these days do you - you get my point?
What about the scientific proving of rights of light issues I hear you ask to
override the Planning Officers negative opinion? Well yes their is guidance from
the BRE called 'Site layout planning for daylight & sunlight - A guide to good
practice' by PJ Littlefair. However, this £55 document is seriously complicated
should the need arise for proving diagrams using Waldram diagrams. The novice
will never understand it & the same applies to most Planning & Appeal Officers
so you are advised to avoid the scientific approach like the plague. Even the
official chapters of the guide clearly state that...."The advice given here is
not mandatory & this document should not be seen as an instrument of Planning
Policy" However, the guidance on whether or not your building works actually
obstruct the light to the neighbours window is actually very useful in proving
to the Planners that you DO NOT need to prove by calculation any loss of light.
You would be surprised when you do work out this 25 degree vertical reference
line of light just how close some new buildings can actually go to the
troublesome windows. Therefore, if your getting resistance to you scheme on
light issues, go get this BRE Guide first from any good stationers or the BRE
direct - it could be the best £55 you have spent in helping to get your scheme
recommended for approval.
In most rights of light issues, the pragmatic & practical
assessment approach is often more productive than the scientific
process unless you are dealing with a freshly qualified
Development Control Officer who can often recall the theory of
these Waldram Diagrams with distinct ease, I would stick to the
commonly understood simplistic approach of 'fact & Degree' in
your negotiations.
From a legal stand point, most solicitors will advise you of the
20 year rule where a neighbour has a prescriptive right to light
if they have enjoyed 'uninterrupted' light for a continuous 20
year period. Now solicitors love the BRE scientific approach as
it is a potential fee earning category for them in defending
upset neighbours or for fighting a scheme through the appeal
process for a developer. Unless you have a large pocket for to
absorb abortive fees stay well clear of these sharks & only use
them as a last resort.
The conclusion to side windows & rights of light is this - Most
neighbours that have a side window facing your development or
extension will complain to the Planning Officer. Just because
you chat over the fence every weekend when hanging out the
washing will not automatically preclude that neighbour from
complaining about their rights of light during the consultation
process. Therefore completing a risk assessment of these windows
first is vital . If you discover a neighbours principal window
to a habitable room on the side of the property adjacent your
own building works DO NOT IGNORE IT. Adjust the design of the
new building to take this window into account. There are other
clever tactics & arguments you can employ that could allow
closer development if there is no other option for your scheme.
Our 'Maximum Build Planning Guide' explains further the issues
involved when applying for planning permission
http://www.planning-approval.co.uk
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