Rights of light – Exactly what a minefield this topic is when developing or extending a home. This can be potentially probably the most subjective Planning issues their is. Most Planning Departments may have guidance however i guarantee Right to Light Consultants London will likely be specific in parts & definitely woolly or non specific in other places leaving the topic wide open to interpretation.
One of the most common areas for debate is pertaining to side windows on neighbouring properties. The typical rule of thumb is whether or not the neighbours side window is actually a principal or secondary window. If if is the only principal window to get a neighbours room then the probability is the Planners will probably pay great attention to your development or extension. They would want to be satisfied that this window will not be interrupted from skylight by your building project. Secondary side windows on the contrary to habitable rooms or windows to non habitable rooms are less contentious & are frequently ignored by Planning Departments inside their impact assessments. However, this is only a principle & surprises do sometimes occur. These surprises often arise from neighbour induced objections where the Planning Officer needs to keep out his neck & create a case to support your scheme against that relating to the neighbours vitriol – you don’t see many headless Planning Officers nowadays can you – you obtain my point.
How about the scientific proving of Right of Light Surveyors London I hear you ask to override the Planning Officers negative opinion? Well yes their is guidance through 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 identical pertains to most Planning & Appeal Officers so you are advised to avoid the scientific approach like the plague. Even official chapters from the guide clearly claim that….”The recommendations given here is not mandatory & this document must not be viewed as a musical instrument of Planning Policy” However, the help with whether or not your building works actually obstruct the lighting towards the neighbours window is in fact very beneficial in proving towards the Planners that you just do NOT need to prove by calculation any loss in light. You would be surprised when you will give you results out this 25 degree vertical reference line of light just how close some new buildings can actually visit the troublesome windows. Therefore, in case your getting resistance to you scheme on light issues, go buy this BRE Guide first from the good stationers or perhaps the BRE direct – it could be the very best £55 you have spent in helping obtain your scheme recommended for approval.
In many rights of light issues, the pragmatic & practical assessment approach is often more productive compared to the scientific process except if you are handling a freshly qualified Development Control Officer who can often recall the idea of such Waldram Diagrams with distinct ease, I would personally adhere to the commonly understood simplistic approach of ‘fact & Degree’ in your negotiations.
From the legal stand point, most solicitors will advise you of the 20 year rule when a neighbour has a prescriptive right to light should they have enjoyed ‘uninterrupted’ light to get 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 soak up abortive fees stay well away from these sharks & only use them being a last resort.
The actual final outcome to Right to Light Consultants London is it – Most neighbours which have a side window facing your development or extension will complain for 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 during the consultation process. Therefore completing a risk assessment of these windows first is essential . In the event you discover a neighbours principal window to a 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 other clever tactics & arguments you are able to employ that may allow closer development if you have hardly any other choice for your scheme.