Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • paul101paul
    • By paul101paul 16th Oct 16, 7:28 PM
    • 24Posts
    • 4Thanks
    paul101paul
    Neighbour proposed extension would block Kitchen Window
    • #1
    • 16th Oct 16, 7:28 PM
    Neighbour proposed extension would block Kitchen Window 16th Oct 16 at 7:28 PM
    Hi All,

    My neighbour is proposing extending his bungalow to the rear of the property. Our properties are alike and built at the same time.

    The two properties were staggered, I guess, so that my property would have natural light from the kitchen window, rather than looking at a wall.

    I was wondering whether I would have a case to object ?.
    I have seen articles about "right to light", but am unsure whether
    this would apply.

    The properties were built in 1980 and I have lived in the property
    for two years. Both properties are detached and perhaps 6ft between them separated by a fence.

    I would appreciate any thoughts, comments....
Page 1
    • Chanes
    • By Chanes 16th Oct 16, 8:09 PM
    • 604 Posts
    • 345 Thanks
    Chanes
    • #2
    • 16th Oct 16, 8:09 PM
    • #2
    • 16th Oct 16, 8:09 PM
    A right to light exists, our old house had it written into the deeds. I think there are criteria such as the angle of view from the window and the purpose of the room affected. May help:

    http://www.right-of-light.co.uk/calculation.php
    • paul101paul
    • By paul101paul 16th Oct 16, 8:49 PM
    • 24 Posts
    • 4 Thanks
    paul101paul
    • #3
    • 16th Oct 16, 8:49 PM
    • #3
    • 16th Oct 16, 8:49 PM
    Thanks Chanes, I'll take a look through the website and dig out the deeds
    • phil24_7
    • By phil24_7 16th Oct 16, 10:22 PM
    • 1,297 Posts
    • 582 Thanks
    phil24_7
    • #4
    • 16th Oct 16, 10:22 PM
    • #4
    • 16th Oct 16, 10:22 PM
    Right to light doesn't matter for planning. That is a civil matter and you could sue for it once an extension is built (a written objection to your neighbour beforehand would help your case).

    You will want to object due to amenity and light into a habitable room. You could also object due to your property being more overlooked or enclosed due to your circumstances.

    You need to go to your council website and view all of their planning documents (they will have planning guidance/supplementary planning documents/core strategy documents) for their rules and guidance. Only object to things that are contrary to their guidance.

    Get your neighbours to object if it is appropriate too as the objection of many is stronger than an objection of one.
    • the_r_sole
    • By the_r_sole 16th Oct 16, 10:32 PM
    • 2,039 Posts
    • 961 Thanks
    the_r_sole
    • #5
    • 16th Oct 16, 10:32 PM
    • #5
    • 16th Oct 16, 10:32 PM
    Kitchens and bathrooms don't count as habitable rooms in planning terms either so be careful about how you word any objection
    • phil24_7
    • By phil24_7 16th Oct 16, 10:46 PM
    • 1,297 Posts
    • 582 Thanks
    phil24_7
    • #6
    • 16th Oct 16, 10:46 PM
    • #6
    • 16th Oct 16, 10:46 PM
    Kitchens and bathrooms don't count as habitable rooms in planning terms either so be careful about how you word any objection
    Originally posted by the_r_sole
    Kitchens count for planning...I know as I have just scoured my council planning documents.
    • the_r_sole
    • By the_r_sole 16th Oct 16, 10:53 PM
    • 2,039 Posts
    • 961 Thanks
    the_r_sole
    • #7
    • 16th Oct 16, 10:53 PM
    • #7
    • 16th Oct 16, 10:53 PM
    Kitchens count for planning...I know as I have just scoured my council planning documents.
    Originally posted by phil24_7
    if it's a kitchen diner or a open plan living room it might but never heard of just a kitchen being counted as a habitable room in planning discussions - could be a local authority thing but not something we ever consider on housing layouts!
    • Gloomendoom
    • By Gloomendoom 16th Oct 16, 10:58 PM
    • 11,461 Posts
    • 15,336 Thanks
    Gloomendoom
    • #8
    • 16th Oct 16, 10:58 PM
    • #8
    • 16th Oct 16, 10:58 PM
    My local planning department doesn't count a kitchen diner as a habitable room.
    Advice; it rhymes with mice. Advise; it rhymes with wise.
    • phil24_7
    • By phil24_7 16th Oct 16, 11:29 PM
    • 1,297 Posts
    • 582 Thanks
    phil24_7
    • #9
    • 16th Oct 16, 11:29 PM
    • #9
    • 16th Oct 16, 11:29 PM
    Sounds like it is a local thing then so it is definitely best to delve into your local authority's planning section on their website. They will have all of their guidance on there. Look everywhere as many of my councils documents were not in the most logical place/order.

    Look for objections in your authority's area that may be applicable and research the reasons/guidance for the objections.
    • choille
    • By choille 16th Oct 16, 11:39 PM
    • 4,591 Posts
    • 25,966 Thanks
    choille
    It could be that you can possibly object to being overlooked. If they do an extension that has a window in it where one didn't occur before.

    Some areas differ in even the right to a view where one is being taken away. Some areas you don't have a right to a view, but it can differ in that you may have a right to privacy.

    If it will be a large extension it could be an over intensification of a site if it is taking up a large proportion of the garden.

    You will need to only object on reasonable planning matters which you should be able to find out from your local Planning Officer.

    If you have a fence between your properties will that not shield you from any extension?
    • Gloomendoom
    • By Gloomendoom 16th Oct 16, 11:46 PM
    • 11,461 Posts
    • 15,336 Thanks
    Gloomendoom
    When preparing a planning application, I used this tool to help me refine the design to minimise the shadowing effect of my proposed development on my next door neighbour's kitchen window.

    http://www.suncalc.org/

    It could just as easily be used to lend weight to an objection.
    Advice; it rhymes with mice. Advise; it rhymes with wise.
    • Doozergirl
    • By Doozergirl 17th Oct 16, 7:01 AM
    • 22,254 Posts
    • 63,088 Thanks
    Doozergirl
    Is your kitchen window on the back or the side? How far are they projecting past your back wall?

    In all honesty, I'm not sure how successful a claim for overshadowing from a bungalow kitchen is going to be. They certainly do not count as habitable rooms where I am or in surrounding areas we've worked in.

    The suggestion above of claiming overlooking is a non-starter, for obvious reasons!

    I would have a chat with the planning officer before you lodge an objection. It needs to be reasoned and well informed before you potentially destroy neighbourly relations.
    Last edited by Doozergirl; 17-10-2016 at 7:18 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • choille
    • By choille 17th Oct 16, 10:27 AM
    • 4,591 Posts
    • 25,966 Thanks
    choille
    Overlooking - right to privacy is an issue Planning wise in most areas in Scotland, don't know Planning legislation for other areas of UK. But worth checking out.

    The windows on the extension is relevant - you will need to look at the plans they submitted ( And do check it for accuracy - measurements etc).
    • the_r_sole
    • By the_r_sole 17th Oct 16, 10:55 AM
    • 2,039 Posts
    • 961 Thanks
    the_r_sole
    Overlooking - right to privacy is an issue Planning wise in most areas in Scotland, don't know Planning legislation for other areas of UK. But worth checking out.
    .
    Originally posted by choille
    It's only a consideration between habitable rooms anywhere in the UK and it's only if you are adding to overlooking, i.e. if a garden is already overlooked then as long as you are not increasing the amount of overlooking it's not an issue
    • Doozergirl
    • By Doozergirl 17th Oct 16, 11:03 AM
    • 22,254 Posts
    • 63,088 Thanks
    Doozergirl
    Well, I thought it was obvious, but perhaps it isn't. How can you be overlooked by a bungalow? That is not a planning argument because bungalow windows aren't physically over any other property.

    If you do have a neighbouring bungalow able to look into your house, put a 6' fence up!
    Last edited by Doozergirl; 17-10-2016 at 11:06 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • zaax
    • By zaax 17th Oct 16, 11:20 AM
    • 1,667 Posts
    • 647 Thanks
    zaax
    Don't forget the party wall act, which means they have to pay for independent surveyor, and non of there build must encroch on your land
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
    • the_r_sole
    • By the_r_sole 17th Oct 16, 11:51 AM
    • 2,039 Posts
    • 961 Thanks
    the_r_sole
    Well, I thought it was obvious, but perhaps it isn't. How can you be overlooked by a bungalow? That is not a planning argument because bungalow windows aren't physically over any other property.

    If you do have a neighbouring bungalow able to look into your house, put a 6' fence up!
    Originally posted by Doozergirl
    depends a lot on site topography, house design and boundary treatments - also whether a loft has been converted with a dormer - I once had a planning application for a bungalow extension where we had six gardens overlooked by the extension! Took a planning appeal to get it through even after we had proved the overlooking was no worse with the extension...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

611Posts Today

3,658Users online

Martin's Twitter