Right to light

[indus]

Hi

I'm trying to understand right to light issues for a planned extension that will have some impact on a neighbours light.

From what I've read the 45 degrees rule is a very blunt tool and not really used if a dispute actually arises. I've also read this thing about the 50/50 rule and 0.2% of luminance etc.

Anyway, when right to light considerations are made is the direction the room that might be affected faces a factor? In other words if it faces east, west etc does that make a difference, and if so how?

Many thanks as always

 

[^woody^]

It's a highly complex subject and there are many other factors which come into play, and not just orientation - which in itself is not a consideration, as it is purely down to light recieved

First though you have to determine whether a right to light actually exists

 

[indus]

Thanks Woody. Yes indeed it is complex and obviously there is no chance of me actually wandering into my neighbours room to take measurements!

If I understand what you are getting at then yes he does have a right to light. In other words he has had a window there for more than twenty years etc.

The relationship of the right to light and planning decisions also seems very muddy. If I have understood correctly then the right to light is not a planning consideration. However when I spoke to my (very helpful) duty planner he said they do still take any impact on light into consideration.

So that doesn't really make a great deal of sense either

 

[freddiemercurystwin]

Right to light is sometimes a planning consideration, unfortunately by how much and what criteria is taken into consideration by each individual local authority is completely variable. Sometimes there is reference to it within the Local Plan so that may be somewhere to start. Otherwise are you able to make an appointment with your planning department to go through your proposals? Or just get a couple of technicians round for their free hour for a chat.

 

[^woody^]

Light is treated differently in a planning context, than in the legal context.

Planners are more concerned with amenity use of the neighbouring property, especially shading, and views out of a neighbouring property window

Whereas in the legal context, views from the neighbouring property are not relevant, and shading on its own is not relevant either

 

[jeds]

There's no point trying to understand daylight levels and loss of light etc. because nobody really knows until a proper measurement is carried out. Planners are more likely to go on a feeling. If they have a 'feeling' light will be affected they might refuse on those grounds. Your only option then will be to have a proper measurement done.

But that would be a planning and development assessment - not the 50/50 and 0.2% luminance thing you were talking aoiut. Those things have nothing really to do with planning. They are measurements used in court cases to decide injury to easements of light and levels of compensation. Not the same thing.

 

[indus]

Thanks for the advice.


Jeds, if planning turned it down you say measurements would have to be taken if I wanted to pursue/appeal but you also say these measurements aren't the luminance/5050 thing. So two questions spring to mind

1) What measurements would be taken?

2) If these measurements require access to the neighbouring property can the neighbour refuse?


If I post up some photos, do you guys (Jeds, Woody and Freddy) think you might be able to give me an idea of whether I have a chance?


Thanks again

 

[^woody^]

Planning would not turn anything down on light or light levels, but rather would be on subjective things like "dominance", "overbearing", "harmony with adjacent building" or any of the other vague standard planning terms