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