Planning Permission Tips UK - Rights of Light to Adjoining Neighbours Windows - What You Should 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 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 & right 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 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 side window issues in more detail & sets out various risk assessment procedures & tactics that you can incorporate within your scheme when dealing with rights of light issues. I would not advocate submitting any Planning scheme until you have assessed these affecting side windows & prepared your defence - you have been warned.

Our 'Maximum Build Planning Guide' explains further the tactics involved when developing land or a site for residential use & how to give yourself the best chance of being granted planning permission.

http://www.planning-approval.co.uk

---

At Last You Can Customize Your Pegboard As Much As You Want

Customizable metal pegboard is set to revolutionise utensil storage. For... Read More

Removing Old Aluminum Windows

This week we are going to talk about the process... Read More

Basic Methods of Foundation Waterproofing

It is absolutely necessary to waterproof the foundation of your... Read More

Enjoy The Beauty Of Hardwood With The Endurance Of Laminate Flooring

Everyone likes the beautiful, timeless look of hardwood floors. Elegant,... Read More

Asphalt Paving Driveway Maintenance Tips

Asphalt paving or Hot Mix Asphalt is typically what one... Read More

Poster, Print or Painting. Where Are You Going To Put It?

If you are redesigning or decorating a room, or house,... Read More

Make Your Home Secure

The following list offers some inexpensive ways to make your... Read More

Keeping Stone Floors in Tip Top Condition

I had a customer call me to make a complaint... Read More

How To Know If Interior Design Is Right for You

Have you ever seen a beautiful house or office building... Read More

Buying The Right Comforter For Your Bed

Putting the right comforter on your bed can make the... Read More

Soy Candles? What Will They Think of Next?

Quick: What comes to mind when you think of soy... Read More

Adjustable Bed - Start Each Day on the Right Note

Your daily beauty sleep will not be complete if any... Read More

How to Select the Best Laminate Flooring for You

Hardwood flooring - its' traditional look is almost timeless, its'... Read More

Marketing For The Home Builder

When one is looking into marketing for the home builder,... Read More

Choosing a Home Builder

So you've decided to build a new home. Like many... Read More

Planning Permission Tips UK - Is Todays Popular Quest For Contemporary Design The New Bad Taste

Can you remember when people used to install slatted louvre... Read More

Color Help: Choosing Color Combinations

Choosing a color scheme can be a nerve-wracking business. For... Read More

Designing Great-looking Window Coverings on a Budget

Window coverings are one of the most important focal points... Read More

Buying the Right Garage Door Opener

If you have recently built a new garage you might... Read More

Sofa slipcovers - Give your home an instant makeover!

Sofa slipcovers are designed to be easy to fit over... Read More

With A Stylish Bathroom Vanity You Can Take Pride In Your Bathroom?s Appearance!

An easy way to instantly improve your bathroom's image is... Read More

So Youve Decided to Finish Your Basement!

When a family decides to finish a basement space, there... Read More

Design Psychology: Beds and Emotional Well-Being

The bed represents the beginning and ending of life. In... Read More

Sump Pump Installation for Do-It-Yourselfers

According to recent surveys, over 85% of all homes with... Read More

Single Pane Window Glass Repair in an Aluminum Frame

Let's suppose you still have those old aluminum single pane... Read More

The Health Benefits Of Drinking Water - Is Bottled Drinking Water Healthier Than Filtered Tap Water?

Water is a key ingredient in a healthy diet and... Read More

From Toss Out to Sensational Keeper - Lamp Re-Make

When the old lamp from my children's room was turning... Read More

Get Rid Of Air Pollution In Your Home With House Plants

Do you know that formaldehyde, a colorless, pungent-smelling gas can... Read More

How to Select Exterior Shutters

Installing exterior shutters is a relatively quick way to add... Read More

Hydronic vs Forced Air Heating and Cooling

Hydronic, or hot water, heating has been standard for years... Read More

The Benefits of Radiant Heat, Comparison

What are the Benefits of Radiant Heating and how do... Read More

Kitchen Remodeling Costs

It is important to prepare a budget for your kitchen... Read More

Marble Information

Marble is any limestone or dolomite that can take a... Read More