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does permitted development have to abide by rules on overshadow and light on a 2 storey extension

Discussion in 'Building Regulations and Planning Permission' started by johns1999, 8 Sep 2016.

  1. johns1999

    johns1999

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    hi

    i hope someone can offer some advice. the neighbours want to build up on their single storey extension to make it 2 storey. our lounge and bedroom window look out onto where the proposed extension will be. i think there 2 storey extension will be under permitted development as far as size and design seems to fit the criteria as far as i can tell.

    this will have a significant impact on overshadowing and light to a certain extent - and our view disappears although i know this can't be taken into account - from the lounge and bedroom.

    so my question is, is the light and overshadowing issue ignored with permitted developments? or is this part of the criteria for allowing permitted developments?

    we get on well with the neighbours so i don't want to object and fall out with them if it's not going to get me anywhere. any advice greatfully appreciated.

    thanks in advance
     
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  3. ^woody^

    ^woody^

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    As the name suggests, "permitted development" is permitted if constructed to the published design criteria - ie it is pre-approved.
     
  4. chappers

    chappers

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    how close to the boundary will this extension be and how far from the rear of the building does their existing extension extend.
     
  5. johns1999

    johns1999

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    thanks for the advice guys. it#s not that close from my boundary say about 4 to 5 metres. i will check the depth of the current extension and report back.

    thanks again
     
  6. dom_k

    dom_k

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    A 2 storey can only come out 3m from the existing house. If the ground floor already built projects further than 3m then adding a 3m 1st floor extension would not fall under permitted development and require planning permission
     
  7. chappers

    chappers

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    what about the boundary on the other side, if any extension is within 2m of the boundary then the eaves height must be below 3m otherwise it falls outside of PD too.
     
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  9. jeds

    jeds

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    There are two distinct types of natural light situation that might arise; 'Right of Light' and 'daylighting/sunlighting'. RoL is common law, which has numerous legal rules but none that are part of the planning process. Rule one is that it can only apply to an aperture in a building. So if the light doesn't directly affect an aperture then you might as well forget it. Rule two is that you are only entitled to sufficient light for normal purposes. So a particular requirement for a sunny disposition in your lounge window won't be taken into account. Rule three is that the actual amount of light needed for normal purposes is surprisingly low. Rule four is that the procedure is expensive and notoriously difficult and rule five is that it is only worth pursuing if you really have been harmed. My guess is a single storey wall 5m away is not worth pursuing.

    Daylighting/sunlighting is different and can be taken into account for planning applications except, as woody says, your neighbour isn't making a planning application so not really a factor here. But that doesn't stop you making a claim against your neighbour if your light was seriously affected. Note seriously! A daylighting claim is also a tortuous and expensive route which often leads nowhere.
     
  10. Nakajo

    Nakajo

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    Incidentally, dom_k's assertion is not as clear cut as we might have previously thought - as evidenced by Hilton v SSCLG (CO/309/2016
     
  11. johns1999

    johns1999

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    the new 1st floor extension come out about 3.8m which is being built on the ground floor which was added to the original building in the early 80's.

    i wouldn't want to go down a legal route but if i was to object how likely would i be succesful? it would break the 45 degreee rule by a long way but the window is on the side of the house.
     
  12. dom_k

    dom_k

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    If the first floor comes out 3.8m it needs full planning.
     
  13. johns1999

    johns1999

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    that's great thanks
     
  14. chappers

    chappers

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    that will be the councils default position on this, but as Nakajo points out there is very recent case history that says it might not be as simple as that. This was a reverse issue however where a single storey extension was built against a two storey extension.
    Again how far from the other boundary will the new extension be.
    It's now down to you really to broach the subject with your neighbour.
    Are you sure they haven't submitted a planning application, check the planning portal of your local council.
     
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