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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have a probem with an extension being put up by our

Resolved Question:

I have a probem with an extension being put up by our neighbour
REFERENCE 15/01144 PLANNING CONSENT
I contacted the Bexley Planning office this morning concerning these plans. I reported that when finished this building will have a detrimental effect on our property at No 13. The rear extension is going to take away at least 60% of our current view from the kitchen window (which is trees & sky) and provide us with a brick wall reaching well over our 2nd floor and consequently will be seen from our main bedroom. It will also reduce the amount of light we get in both rooms. As well as affecting the kitchen view (which they state is not taken into consideration) this extension will also be seen whilst sitting in our conservatory. An ex-employee from the council came on 19th June last year to see what effect this would have on our property - she was obviously incompetent as she appears not to have given any consideration as to how this would affect us. At the time of application we did discuss with our neighbour what they were proposing and we saw the plans but, in no way, did we translate them into what was actually going to happen with regard to how far they were coming out. I was under the impression that there was some kind of "Building Line" to prevent people extending too far out. Whoever passed these plans took no notice of how it would affect our property (probably because Ms Jordan did not understand the plans either). Is there anything we can do?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Lesley

Thanks for your email.

There is a potential right of light issue here. Unless there is a provision in your deeds where your rights are reserved for the benefit of the neighbouring land.

Sadly, a council may not take this into account when assessing a planning application.

There are guidelines in respect of this and a surveyor can determine if the proposed development, if at the planning stage, or actual development, if constructed or in the process of being constructed, would interfere with your rights of light.

If the surveyor determines that the development will infringe your rights you can apply to the court for an injunction to prevent the development taking place. Do note that the court does not have to grant an injunction even if the development will/is interfering with your right. It can award compensation.

Your first step will be to instruct a right to light surveyor, there are a few specialist firms you can find on Google.

If you feel that the development is not in accordance with the plans do report it to the council. They should come and inspect to ensure the development is consistent with the permission. If the council will not do this you can get a surveyor to carry out a review.

Good luck. I hope ny answer is helpful.

Please remember to accept/rate my reply.

Kind regards

Paul

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