Blind child and Neighbour extension that impacts light

3 years ago

Hello, I’m wondering / hoping someone might be able to help.

I have a pretty much blind child, she has some residual light / dark sensitivity but no useful sight. A few years ago we had some extra windows put into our living room to add extra natural light to one end as it was very dark, and she really did not like being in there. Since then, she’s been much much better and can navigate around , in and out, and happy using the whole space. I might add it’s quite a long room at about 8 metres, and the end of the room has 4meter wide glass doors. Even with those , the far end is very dark and much improved with the extra windows.

Our neighbours want to build a two storey extension that will come pretty much to the boundary. I’ve found some loose ‘regulations’ that seem to be more like talking points around the 25degree upward angle and 45 degree sideways angle, which don’t seem reason to refuse an application even this I think would fail on both counts. I can’t find anything that links these to a visually impaired / blind persons use of the space.

I also can’t prove the benefit of these additional windows to our daughters ability to navigate, and neither can we realistically prove any material implication of the proposed extension. I mean how can we know, for sure, until it’s actually built ?

We intend to attempt to discuss with them, but the fact they haven’t approached us tells me they aren’t that bothered and pretty set on their plans, so I’m looking to gather any ideas that might be helpful to have in my back pocket should they be required.

Does anyone have any ideas / precedent / regulations that might be helpful ??

Thanks in advance ,

Adam

Featured Answer

minipie

3 years ago

I had a quick look and found this page:

https://www.planningni.gov.uk/index/policy/planning_statements_and_supplementary_planning_guidance/pps07_addendum/pps07_addendum_annexes/pps07_addendum_annexa/pps07_addendum_annexa-2/pps07_addendum_annexa_light.htm

As you will see the last bullet point says that if the extension is to meet the needs of someone with a disability then that may weigh against “right to light” arguments from the neighbour. Personally I would argue that the reverse must therefore be true, ie when the neighbour (not the extender) has a disability and the light is necessary to meet their needs, then this should be taken into account in weighing up extension vs right to light. I couldn’t find anything directly on this but it seems only fair. I would hope your council will be sympathetic, please do call them for advice.

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Comments (8)

arc3d
3 years ago
last modified: 3 years ago
Hi Adam,

The first thing I would suggest you do is speak to your local planning department. They will offer advice over the phone for free. Even if their application has been approved you can still have the development limited by your "right to light".

This should be resolved before your neighbours start any work as asking for changes after work has begun will become increasingly difficult.
Jonathan
3 years ago
Best of luck with the council- personally I think they will conclude that the original garden window gave sufficient light and the side windows were a bonus that can’t be quantified.

I’m afraid that if I was your neighbour I would be sympathetic about your situation but I still would not alter my extension plans.

Perhaps you can bounce light around that room better by widening the garden window, or swapping the flooring for a paler one, or changing the curtains for ones that don’t obscure the aperture at all, or adding other light sources, or adding a roof window or putting a light coloured patio outside to bounce light in or add something to the room that appeals to your daughters other senses such as a super soft carpet, or scented flowers or an indoor water feature for its sound.
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OnePlan
3 years ago
Hi Adam. You won’t know what the council sat until you try... so sending good vibes your way and hope that the council can see what an impact this will have on your daughters quality of life. Good luck and fingers, toes and anything else I can find to cross, crossed for you !
Laura
3 years ago
it’s my understanding that you can’t claim a loss of light through a window that hasn’t been there longer than 30 years under the Prescription Act. Not helpful i know but I couldn’t add any further advise other than speaking to your local council
Jonathan
3 years ago
I love that everyone is on your side and wants you to have an outcome where the planning department abandons it’s normal rules and policy and disadvantages your neighbour by not allowing a two storey extension that would be permitted for anybody else.

But the reality is that they won’t deny your neighbour the extension rights they would apply to anyone else.

Of course there may be reasons why the extension does not fall under the rules applied to everyone so you should indeed talk to the council but I think you should also be considering solutions to a light issue and hoping that your now older and presumably more confident daughter doesn’t reject this room if the side windows become less effective.
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i-architect
3 years ago
Hi!

Right to light is a really complex legal issue. You do have a right to light, though not a right to sunshine.

There are complicated calculations that can be made to check how much of an impact a proposed development will have and it will be up to the applicant to prove that. I've done this in very basic ways by modelling the shadows cast by propsoals in 3D or more simply in 2D. It can be done before anything is built - you don't need to wait and see until its built, when it will be too late.

It is possible to argue against a planning application on the basis of right to light. Though I would suggest that you really need a specialists input to get much influence.

There are specialist lawyers who deal with right to light, and probably specialist planning consultants too.

Good luck. I hope you manage to get a good resolution for you and your daughter.
Adam Dob thanked i-architect
Adam Dob
Original Author
3 years ago
Thanks for all the comments folks , much appreciated 👍

Blind child and Neighbour extension that impacts light

minipie

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arc3d

Jonathan

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Blind child and Neighbour extension that impacts light

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Jonathan

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Laura

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