Loss of Light or just being obstructive?

5 years ago

My local council (within London) has recently refused my application for prior approval of a single-storey extension (which would be built under Extended Permitted Development) "by reason of its position, excessive depth, and height would appear overbearing and result in a harmful loss of sunlight to the neighbouring property".

My proposed extension is to a maximum height of 3m, and is actually seeking to extend an additional 50cm (yes, 0.5m) beyond the previously AGREED prior approval application for the same development (all still within Extended Permitted Development allowance).

The neighbour impacted has an outhouse which is on the boundary line which is 2.43cm high. I live on a hill, therefore to build the extension I have to excavate my currently stepped terrace 0.75cm to be level. Therefore, on my current natural ground level, pursuant to Permitted Development) I can erect a 2m fence, this would measure 2.75cm.

Whilst it annoys me that this has been raised given the previous application which was undisputed, what annoys me more is that the Council haven't actually proven that there would be any loss of light by increasing the length an additional 50cm, and for me to do this, will cost in excess of £2,000.

There is precedent in the area, adjacent streets for instance, where the Council has agreed larger and taller extensions (mine appears to be the first declined between 1 June 2014 and to date - being the period I have researched).

Does anyone have some advice, as I am looking to appeal this on my own behalf (as opposed to using a firm of architects or advisors).

Attached is satellite image of my house and the neighbours. My neighbour is on the corner and their garden is not tiered (yes, it does look like a used car lot, those cars haven't moved in the 5 years since I bought my home).

PS - The large tree in the corner which blocks my light, is on the rear neighbour's property (yet another issue).

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Comments (3)

PRO
User
5 years ago
Hi Jen, I would first and foremost consult a solicitor, there seems to be conflicting info on the net as to whether a loss of light can be grounds for turning down an application. If it can't then job done, but if it can be used, then maybe the onus is on the council to prove it and not you.

I would be interested to hear of the outcome.
PRO
Jo Chrobak Invent Design Create Ltd
5 years ago
last modified: 5 years ago
Loss of light is a huge reason for turning down an application. I would consult an architect or designer who deals with planning applications, but as you are trying to do this on your own to save costs you'll need lighting studies and reports at a minimum. You might want to start learning how to use Sketchup with geographic accuracy and research "right to light" laws or just spend the £2K...
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Sorry to say this but I feel part of living in a city is being aware and respectful of neighbours. Good on you for at least consulting them first. We are currently going though a very stressful similar situation but our neighbours are building. They did not give us the courtesy of even telling us and are selling one of the duplexes they are building, which happens to be the biggest and most imposing one & on our side. It is totally taking away our privacy, looking into our kitchen & living area and whole backyard. Plus the only outdoor eating area is only 1mtre from our deck off our kitchen. It is horrible, stressful and we feel we will be forced to sell our lovely home we have been in for 20 years. My advice is move - buy a house which suits your needs as your neighbour will hate you forever and object to everything they can. Not sure where you live but in Australia you have to get an architect/drafts person to draw up overshadowing plans. Please be nice to them, it is stressful and could cause them to become very ill.
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PRO
User
5 years ago
The loss of light law has many arguable points - this is a bit of it in a nutshell:-

The Prescription Act 1832 created two new and distinct prescription regimes: one for rights to light and another for other easements. The rights to light regime provides that where light has been enjoyed across another’s land for 20 years without interruption, and without the written consent or agreement of that landowner,5 a right to light will arise. Unlike lost modern grant or common law prescription claims, under the 1832 Act the 20-years’ enjoyment must be, in the words of the statute, “next before some suit or action”. That means that the 20 years must immediately precede an application to court by the person who claims the right.6 It is not clear whether an application to Land Registry for registration of the right is equally effective as a “suit or action”.

If you want the whole document it's here:- Publishing.Gov.Uk / Right to Light.

I still think that initially a solicitor is the cheapest option for an opinion, and then decide where to go from there. As Jo Chrobak says, you may need further investigations and proof, but the solicitor will tell you if that's necessary, or if you can just challenge the Council on their stance. If you can challenge them with one well written letter, then, that will be the cheapest option.

Loss of Light or just being obstructive?

Comments (3)

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Jo Chrobak Invent Design Create Ltd

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