Rights of light – Exactly 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 however i guarantee Right to Light Consultants London will be specific in parts & definitely woolly or non specific in other locations leaving the topic wide open to interpretation.
Probably the most common areas for debate is regarding side windows on neighbouring properties. The overall guideline is whether or not the neighbours side window is really a principal or secondary window. If if will be the only principal window for a neighbours room then the chances are the Planners pays great attention to your development or extension. They would want to be satisfied that this window is not really interrupted from skylight from your building project. Secondary side windows on the other hand to habitable rooms or windows to non habitable rooms are less contentious & are frequently ignored by Planning Departments within their impact assessments. However, this is simply a principle & surprises do sometimes occur. These surprises often arise from neighbour induced objections where the Planning Officer needs to stick out his neck & create a case to aid your scheme against those of the neighbours vitriol – you don’t see many headless Planning Officers nowadays would you – you receive my point.
Have you thought about the scientific proving of Right of Light Surveyors London I hear you may well 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 beginner will never understand it & the same relates to most Planning & Appeal Officers so that you are encouraged to steer clear of the scientific approach such as the plague. Even the official chapters in the guide clearly suggest that….”The recommendation given the following is not mandatory & this document really should not be considered as an instrument of Planning Policy” However, the help with whether your building works actually obstruct the light to the neighbours window is really very beneficial in proving towards the Planners that you just do Not require to prove by calculation any loss in light. You will be surprised whenever you really do work out this 25 degree vertical reference collection of light just how close newer buildings can certainly proceed to the troublesome windows. Therefore, if your getting potential to deal with you scheme on light issues, go get this BRE Guide first from your good stationers or perhaps the BRE direct – it could be the best £55 you might have put in helping to get the scheme recommended for approval.
In most rights of light issues, the pragmatic & practical assessment approach is frequently more productive compared to the scientific process until you are working with a freshly qualified Development Control Officer who are able to often recall the theory of those Waldram Diagrams with distinct ease, I would keep to the commonly understood simplistic approach of ‘fact & Degree’ in your negotiations.
From the legal stand point, most solicitors will advise you from the 20 year rule in which 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 because it is a prospective fee earning category on their behalf in defending upset neighbours or for wbulud a scheme with the appeal process for any developer. Unless there is a large pocket for to absorb abortive fees stay well free from these sharks & use only them being a final option.
The actual final outcome to Right to Light Consultants London is this – Most neighbours that have a side window facing your development or extension will complain towards the Planning Officer. Just because you chat within the fence every weekend when chilling out the washing will never automatically preclude that neighbour from complaining through the consultation process. Therefore completing a risk assessment of such windows first is essential . If you discover a neighbours principal window to your habitable room on the side from the property adjacent your personal building works DO NOT IGNORE IT. Adjust the style of the new building to adopt this window under consideration. There are more clever tactics & arguments you can employ that may allow closer development when there is no other selection for your scheme.