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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have confirmed that the next door building had been at the

Resolved Question:

I have confirmed that the next door building had been at the same height since at least 1978. So I have had the benefit of my daylight and sunlight of over 20 years. Does this mean the council have broke any law by granting the 2 story extension ? Do you think I have a decent case on this point to involve a surveyor and the solicitor ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

I am afraid that the council simply determine planning applications in accordance with planning policy.

If you have acquired a right to air/light by prescription then it would be for you to enforce this right, because it is a private civil matter between you and next door. The council are there to discharge their responsibility to see that development is carried out according to planning law/policy, it does not extend to determining matters of law between private home owners unfortunately.

If you wish to restrain the development by claiming prescriptive rights then you would have to see a local property solicitor first about claiming the rights and second about then obtaining an injunction against your neighbour. Pursuing the planning department would be a bit of a blind alley I’m afraid.

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Kind regards,


Tom
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