Rights of light – Exactly what a minefield this topic is when developing or extending a home. This is potentially one of the most subjective Planning issues their is. Most Planning Departments will have guidance however i guarantee Right to Light Consultants London will be specific in parts & definitely woolly or non specific in other areas leaving the subject wide open to interpretation.
One of the most common areas for debate is pertaining to side windows on neighbouring properties. The typical principle is if the neighbours side window is really a principal or secondary window. If if is definitely the only principal window to get a neighbours room then the likelihood is the Planners pays great awareness of your development or extension. They will want to be satisfied the window is not interrupted from skylight by the building project. Secondary side windows on the contrary to habitable rooms or windows to non habitable rooms are much less contentious & are often ignored by Planning Departments within their impact assessments. However, this is only a rule of thumb & surprises do sometimes occur. These surprises often arise from neighbour induced objections in which the Planning Officer needs to keep out his neck & create a case to aid your scheme against that relating to the neighbours vitriol – you don’t see many headless Planning Officers nowadays can you – you get my point.
How about the scientific proving of Right of Light Surveyors London I hear you may well ask to override the Planning Officers negative opinion? Well yes their is guidance from the BRE called ‘Site layout planning for daylight & sunlight – Strategies for good practice’ by PJ Littlefair. However, this £55 document is seriously complicated should the need arise for proving diagrams using Waldram diagrams. The beginner will never understand it & the identical pertains to most Planning & Appeal Officers which means you are encouraged to steer clear of the scientific approach like the plague. Even official chapters from the guide clearly claim that….”The advice given the following is not mandatory & this document must not be viewed as a musical instrument of Planning Policy” However, the help with whether or not your building works actually obstruct the lighting to the neighbours window is really very beneficial in proving for the Planners that you DO Not require to prove by calculation any lack of light. You would be surprised once you will give you results out this 25 degree vertical reference type of light exactly how close newer buildings can actually proceed to the troublesome windows. Therefore, should your getting effectiveness against you scheme on light issues, go have this BRE Guide first from your good stationers or the BRE direct – it can be the most effective £55 you might have put in helping to obtain your scheme recommended for approval.
In most rights of light issues, the pragmatic & practical assessment approach is frequently more productive compared to the scientific process until you are working with a freshly qualified Development Control Officer who are able to often recall the thought of such Waldram Diagrams with distinct ease, I might adhere to the commonly understood simplistic approach of ‘fact & Degree’ inside your negotiations.
From a legal stand point, most solicitors will give you advice from the 20 year rule in which a neighbour includes a prescriptive directly to light when they have enjoyed ‘uninterrupted’ light to get a continuous 20 year period. Now solicitors love the BRE scientific approach as it is a potential fee earning category for them in defending upset neighbours or for wbulud a scheme with the appeal process for a developer. Unless you have a large pocket for to absorb abortive fees stay well away from these sharks & just use them as being a last resort.
The final outcome to Right to Light Consultants London is that this – Most neighbours which have a side window facing your development or extension will complain to the Planning Officer. Because you chat over the fence every weekend when chilling out the washing is not going to automatically preclude that neighbour from complaining through the consultation process. Therefore completing a risk assessment of those windows first is important . Should you discover a neighbours principal window to a habitable room on the side in the property adjacent your very own building works Tend Not To IGNORE IT. Adjust the style of the newest building to take this window under consideration. There are other clever tactics & arguments it is possible to employ that could allow closer development if there is not one other selection for your scheme.