Right to light planning objection solicitors
Do you have concerns about a neighbour’s proposed planning application due to worries about your right to light? If your neighbours are planning changes to their home that could affect your access to light, it’s natural you might want to raise your concerns or challenge their planning application.
Minor house extensions and even the installation of garden walls can sometimes lead to Right to Light disputes between neighbours if they impact the light another property gets.
In this guide, we’ll look at what right to light means in the context of planning, whether you can object on these grounds, and the steps you can take to address your concerns.
At Lawhive, our network of expert property solicitors is here to offer affordable, rapid legal advice and support with right to light planning objections. To get started, book a free assessment call with our legal assessment team and receive a fixed-fee quote.
Loss of light and overshadowing
If your neighbour is planning on carrying out building work on their property, they should consider if it affects your access to light.
If you think a planned development will block light to your property, speak to a property solicitor.
You might have good reasons to object to the development, especially if rooms like bedrooms, living rooms, kitchens, or conservatories stand to be affected.
Can I object to a neighbour’s proposed planning application on grounds of right to light?
The Local Authority Planning department doesn't have to consider legal easements like the right to light when reviewing planning applications.
Their main focus is on following planning rules and regulations. Therefore, objections based on right to light alone aren't always considered.
That being said, it is possible to include right to light concerns when raising an objection and the effect on you, as a neighbour, should be given consideration.
How to raise a right to light planning objection with your neighbour
If you're worried about a planning application, you can send a planning objection letter to the council to highlight potential issues, like how a proposed project might affect the local area or problems with the designs.
If you're concerned about your right to light being impacted by a neighbour's extension or other renovations, you might think about objecting to the council. However, it's important to note that objections based solely on right-to-light concerns typically aren't given much, if any, consideration by the Local Planning Authority, so it may be a better idea to approach the situation differently.
Therefore, it's usually more productive to communicate openly to find a solution first of all either by talking or writing a letter to your neighbour about your concerns. If you prefer a face-to-face conversation, it's a good idea to follow up with a letter.
Raising objections this way can help avoid misunderstandings and create a paper trail of your opposition to the development, emphasising the importance of your right to light.
Often, this is enough to start an open conversation in which the concerned parties' mind is put to rest, or a solution between both parties can be explored. That being said, if that isn’t the case, all is not lost. Read on…
Raising right to light objections with planning authorities
When planning authorities evaluate proposed developments, they don't specifically focus on legal rights to light. However, they should take into account how the development might affect the quality of life for nearby residents or properties, which includes considering factors like access to natural light.
If you're drafting a letter of objection to the council regarding a planning proposal, it's important to highlight your concerns about how the development could impact the amount of daylight and sunlight reaching both your indoor living spaces and key outdoor areas like your front or back garden.
If you can’t object due to light loss, there are other valid reasons you might explore, like loss of privacy or loss of public visual amenities.
If you have a real concern in this area, it’s smart to object in this way during the planning stage. There are different ways a surveyor can assess how much your right to light may be affected by a proposed extension or garden wall - more on this in a moment!
Our solicitors can help you with all of this, from drafting an effective letter to assisting you in arranging the appropriate assessments, get a free case evaluation to find out more.
Right to Light Assessments
A Right to Light assessment can be requested by a concerned homeowner worried about a potential loss of their right to light or by developers planning a nearby construction project.
A Right to Light Assessment is a detailed evaluation carried out by a specialist to see how a construction project might affect a property's access to natural light. This assessment is essential for protecting property owners' rights to enjoy enough daylight in their homes or workplaces.
In a Right to Light Assessment, experts inspect the property to gauge its current natural light levels, examining windows, openings, and the layout. Photometric studies are then conducted to measure light levels throughout the day and year, factoring in seasonal variations.
Using advanced tools, they calculate how a proposed development might diminish the property's access to natural light.
Right to Light Assessments vs Daylight and Sunlight Assessments
Local planning authorities sometimes require developers to conduct assessments for daylight and sunlight. However, it’s important to understand that the right to light is a separate legal matter from the planning process.
Right to Light assessments are different from Daylight and Sunlight assessments because Right to Light considers all rooms or spaces, including bathrooms, garages, and stairwells, while Daylight and Sunlight assessments only focus on the light levels within habitable rooms.
Although results from daylight and sunlight assessments might sometimes align with reasonable conclusions for legal right to light assessments, this isn’t always the case.
What is the 45-Degree Angle Rule?
The 45-Degree Angle Rule, as outlined in the BRE daylight and sunlight guidance document, helps assess how much diffuse daylight a neighbour receives when an extension projects out at right angles from a window.
According to the guide, if the centre of the window falls within the 45-degree angle on both plan and elevation, it's likely that a significant amount of light will be blocked.
However, it's important to interpret this rule flexibly. For instance, if there's another extension or a larger building behind the proposed extension, daylight from that direction might already be blocked. Special attention is needed when there's already an extension on the opposite side of the window to avoid creating a tunnel effect.
What is the 25-Degree Rule of Thumb?
The 25-degree Rule of Thumb is used to initially assess windows facing a new building or extension. The guide suggests measuring the angle to the horizontal at the level of the lowest window. If this angle is less than 25 degrees for the entire development, it's unlikely to substantially affect the diffuse daylight for the existing building. However, if the angle exceeds 25 degrees for any part of the development, a more detailed check is necessary.
If a proposed development fails either the 45-degree or 25-degree rule, or if there are concerns about the strict application of these rules regarding diffuse daylight or sunlight to windows and gardens, a comprehensive assessment using 3D CAD modelling and detailed software analysis may be required. This assessment will provide detailed visual and numerical results under various tests such as vertical sky component, daylight distribution, sunlight to windows, and sunlight to gardens.
Can you seek compensation for loss of right to light?
If building work has already started and you raise a right to light objection, your neighbour might have to change the project plans to continue. You may also be able to claim compensation for the loss of light. Here’s what you might expect:
Financial compensation for loss of right to light
If your property has lost natural light, you may be able to seek financial compensation to make up for that loss. The amount of compensation you might receive due to loss of light depends on how much light is blocked and the current value of your property. A solicitor can help put an estimate to the amount of compensation you may be reasonably able to get in the course of a right to light compensation claim.
Property improvements
Sometimes, right to light compensation could include making changes to your property to lessen the impact of less like, such as light wells or skylights.
Legal costs
If you’re successful in your case, the developer may be liable to pay some or all of your legal fees or any other costs ordered by the court.
Ongoing light access
Compensation might also include the developer being told to make adjustments to their plans, or changes to the finished building if it’s complete. In extreme situations, a court may tell the developer or neighbour to remove the offending structure altogether.
Litigation (i.e. going to court) when it comes to right to light objections can be expensive, so it’s really in your best interests (and the interests of your blood pressure!) to find a solicitor early on in the process of objecting who can assist you in communicating with a developer or neighbour and facilitating productive discussions and negotiations.
This could save you a lot of time and money and stress.
Get help with Right to Light planning objections from Lawhive
At Lawhive, our network of property solicitors is highly experienced in helping clients resolve property disputes, including handling successful right to light objections or compensation claims.
When raising an objection or seeking compensation, all parties involved will consider factors like the extent of light loss, its impact on the property, and the conduct of the other party throughout the issue. That's why it's important to seek legal advice on right to light planning objections sooner rather than later.
This helps you build a strong case and negotiate a better outcome or claim compensation for light loss.
For more information and guidance specific to your situation, contact our legal assessment team for a free case evaluation and fixed-fee quote.