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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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my next door neighbor has had a planning permission to a two

Resolved Question:

my next door neighbor has had a planning permission to a two storey extension approved.
and consequently is blocking 80% of my sun/day light, can I combat this with the ( right to light amenity ).
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. I regret to say that under English law, there is no "right to light". Unless you have a restrictive covenant which limits the height of buildings around you, you cannot legally enforce a right to light. This issue causes particular problems in the City of London where tall new buildings and skyscrapers shade other buildings. The Courts have resolved these issues by stating that if planning permission is given to build, then this legalises the infringement of any right to light. The planning process is the modern way in which society reconciles the competing amenities to light and other resources. Once a planning decision has been made, then permission to build has been given and any contravening rights are extinguished. Accordingly, you should consider whether you wish to challenge the planning decision as this is the way forward. But at common law, there is no enforceable right to light.

Customer:

what would you recomend I should do

Customer:

what are your reccomadation on this

Buachaill :

2. Normally, I would recommend you apply for planning yourself and go up two stories also. However, if you wish to challenge the actual planning decision, you should see whether you have grounds for review, such as examining the development plan to see if there is any breach of the policies set out in it. But be aware that very few planning decisions are ever overturned.

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