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

---

Remodeling Your Kitchen

Remodeling a kitchen is one of the best investments a... 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

Selling Houses: Payback of Window Treatments

If you're planning to show your home mainly during daylight... Read More

Non Slip Maintenance Of Honed Interior Marble

A honed finish is a satin surface with relatively little... Read More

Here Comes The Sun: Solar Energy is Becoming More Attractive for Mainstream Consumers

The price of a barrel of oil has never been... Read More

Installing a Bathroom Vanity and Countertop

The installation of a new bathroom vanity and countertop can... Read More

Guide to Bathroom Design

The first step is to plan the design ? as... Read More

Top Ten Air Purifier Questions

1. Do I really need an air purifier in my... Read More

Kitchen Design Online ? Understanding the Work Triangle and Kitchen Layouts

Good kitchen design online means having a layout for your... Read More

Vacation Break for Electrical Machines

Are you overloaded? Have you become a part of the... Read More

Planning Permision Tips UK - 6 Common Design Mistakes When Extending a Residential Property

Don't you just love the design of some of these... Read More

New Construction Windows Or Replacement Windows? Which Is Right For You?

Hello, my name is John Rocco.I grew up around the... Read More

Types of Table Saws

A table saw is one of the most popular pieces... Read More

Bathroom Interior Design

Any advice or guide on the interior design of a... Read More

Home Inspection Basics

The Home InspectorWhen you think about it, it is a... Read More

Paving The Way For Californias Asphalt Consumers

The California asphalt paving industry is ever-changing and in order... Read More

Planning Permission Tips Uk - How To Select A Property to Extend or Develop

Many people purchasing a property for their main home actually... Read More

Cordless Impact Wrench - Not the Same Tool as Your Cordless Drill

The cordless impact wrench is quickly gaining in popularity among... Read More

The Next Revolution in Home Entertainment - IP Based Multi-Room Distribution

The Holy Grail of distributed audio; unlimited zones and unlimited... Read More

Mexican Artisans Promote the Use of Recycled Copper in the Fabrication of Their World Famous Copper

For many years copper has been the main raw material... Read More

Seven Interior Design Psychology Ideas for Dining Pleasure

A separate dining room adds glamour, elegance, and excitement to... Read More

How to Select Exterior Shutters

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

The Right Bathroom Light Fixture Will Brighten Up Your Bathroom

A bathroom light fixture may be just what the doctor... Read More

Wood Panels and Humidity

Coping with wood movementAll wood workers need to be aware... Read More

Cork Flooring Is The Best Option Around For Durability And Aesthetic Value

It is inevitable, almost everyone no matter how long they... Read More

Home Office: Identifying Your Needs

Not many years ago, the thought of working from home... Read More

The Wireless Home

It was only a few years ago that Real Estate... Read More

Avoiding Leaks When Installing Vinyl Retrofit Windows

These days a lot of homeowners are replacing their old... Read More

Are Your Ducts Making You Sick?

If you have a heating or cooling systems that uses... Read More

Reuse Works for the Workshop

The workshop is a great place for reusing items formally... Read More

Successful Motor Protection Formulae

As we have discussed before, all overload relays have one... Read More

Log Home Mistakes Ebook Review

Ok, you are ready to build a log home. If... Read More

Wall Oven - A Necessity For The Disabled

Wall ovens, available in electric and gas forms, are best... Read More