Extension - Planning Permission

[adamtalbot]

Hi,

Wondering if someone can give me a bit of advice as to whether it is likely that I'd be allowed to put an extension on the back of a property I'm in the process of purchasing.

The property is an end-terrace and the neighbours next door have a conservatory which is more over to our side of their garden than the other side (i.e. the side of the conservatory is basically right on the border between theirs and ours).

We'd like to extend three metres off the back of the property along the full length of the house to create a dining room.

This will obviously mean that our wall would cover one side of their conservatory.

Is this likely to fall under the right to light rules?

I've had a look and understand the 45 degree rule but I only see examples of extending off the back of a property where the neighbour hasn't already done so themselves (i.e. by creating the conservatory).

I've attached a little mock-up of the situation. The two houses are self-explanatory, the red box is their conservatory and the green is what I plan to do. Obviously nothing is to scale, we only plan to extend out 3m.

Untitled

• adamtalbot
• 26 Jan 2015
• 1

Thanks in advance for any help.

 

[freddiemercurystwin]

If you keep within the limits you don’t even need planning permission: http://www.planningportal.gov.uk/permission/commonprojects/extensions/

 

[adamtalbot]

If you keep within the limits you don’t even need planning permission: http://www.planningportal.gov.uk/permission/commonprojects/extensions/[/QUOTE]

Thanks for that. From what I've read, the "right to light" stuff has precedent over the planning permission regs - is this the case?

 

[freddiemercurystwin]

Not really, you have the right to develop. I guess your neighbour could try to sue but I'm not sure it's ever happened. You're worrying about nothing, crack on.

 

[adamtalbot]

Not really, you have the right to develop. I guess your neighbour could try to sue but I'm not sure it's ever happened. You're worrying about nothing, crack on.

Cheers, mate. Appreciate it!

 

[shakk1001]

Hi.
You are allowed to extend 3.0m external dimension on the rear of a terraced property providing its not a listed property or in a conservation area. This is classed as permitted development. PD. Anything falling within PD gives your neighbours no right to object and the 45 degree light angle does not apply. You will need Building Regs but that is generally not a problem. I suggest you look at the Planning Portal website interactive house for guidance.

http://www.planningportal.gov.uk/permission/

Regards

Stuart

 

[jvb]

Rights of light is not a planning issue, but it is a seperate legal issue.
It is quite likely that your neighbours will not be aware of this, but it still may be advisable to get advice from a rights of light surveyor. I've used Rights of Light Consulting of Rayleigh in the past.
Note that if you are building up to the boundary of your property you will also need a party wall agreement.

 

[freddiemercurystwin]

Rights of light is not a planning issue, but it is a seperate legal issue.
It is quite likely that your neighbours will not be aware of this, but it still may be advisable to get advice from a rights of light surveyor. I've used ******** in the past.
Note that if you are building up to the boundary of your property you will also need a party wall agreement.

Cobblers, the OP does not need to seek advice from RTL surveyors. At best you're scaremongering, at worst you're just a Spammer!

 

[Nakajo]

Hi.
You are allowed to extend 3.0m external dimension on the rear of a terraced property provided that:

- it is not a listed property
- it is not a flat
- it is not in a conservation area
- Permitted Development Rights have not been curtailed by previous permissions

 

[jvb]

Rights of light is not a planning issue, but it is a seperate legal issue.
It is quite likely that your neighbours will not be aware of this, but it still may be advisable to get advice from a rights of light surveyor. I've used ******** in the past.
Note that if you are building up to the boundary of your property you will also need a party wall agreement.

Cobblers, the OP does not need to seek advice from RTL surveyors. At best you're scaremongering, at worst you're just a Spammer!

There is no need to be rude. I am a qualified architect with 25 years experience. Can you match that? I am not scaremongering - I am giving professional advice. The OP does not want to find when he has built his extension that his neighbours claim thousands of pounds for loss of light issues. It happens.

 

[freddiemercurystwin]

Yes its obvious you're an architect!

And longer than that making architects pie in the sky schemes actually buildable thanks!

Please post details of an actual case that has been brought about when someone built an extension under PD next to their conservatory windows.

Architect!