I am a solicitor with 20 years experience. I will try to help you with this.
Thank you - do you think that there is a possible case under Human Rights legislation
Are you there?
Yes I am here just thinking. But there will be no human rights point here.
Surely I have a right to light.? I recognise that I can't purchase a view - but this proposal will reduce my outlook dramatically
How long have you lived at the property? Was your landlord involved in disputing the planning permission. A right to light is an easement which is a right of use that attaches to freehold interest in property not to a tenancy.
I have been here for seven years. The landlord is the prime objector
It is your landlord as owner of the freehold who has the right to light and bizarrely not you even though you live there. If the planning process has been gone through and permission has been grated there will be very little that can be done. If your objection has been rejected and planning permission granted then the only way to challenge a decision is by judicial review, a very expensive procedure in which you would need to prove that the local authority had acted illegally. The full details of the planning decision will be available at the local planning department and if you want to consider a challenge you will need to look at these for obvious glaring mistakes or omissions.
In order to have a right to light there must have been 20 years uninterrupted enjoyment of the light.
It would seem that the planning application was approved by "Delegated Powers". In view of the number of objections, was that a wise action. Could it be a "plus point" for the objectors in the event of a judicial review?
That depends. Are there other objectors?
I will be away from this site for a while now but will look again later.
Yes. The landlord, my neighbour and myself. Our cottages are semi detached