Loft conversion blocking neighbour's light

7Chrono

Hi,

We've had planning permission granted for and have begun construction on a loft conversion. Part of the conversion goes over our outrigger, and our neighbours are now very unhappy claiming a loss of light and that they weren't aware of our plans to build out. My partner recalls showing them a plan (they deny this), and party wall agreement letters contained a text description of the work to be undertaken, and of course the council posted a planning notice on the lamppost outside the property again with a description of the work.

It's hard to judge what the impact of the work is on them as the house is covered in scaffolding, tarpaulin etc which is also casting shadows. However I think it's quite possibly the case they are losing light. As I said planning permission was granted some time ago so my assumption is there's no legal obligation on us after the fact, but I want to make sure I know where we stand before we consider what could be done to remedy the situation.

Thanks

Le_Kirk

Surely they would have received a letter from the planning dept. at the time of and before your application was granted. I don't believe there is a right to light.

DavidFx

http://www.rics.org/uk/knowledge/consumer-guides/rights-to-light/

http://www.dailymail.co.uk/news/article-3563513/Dentist-GP-wife-face-200-000-plus-bill-building-extension-planning-permission-1-65m-home-blocked-neighbours-light.html

brightontraveller

Either they or you can employ an expert to give calculations on the impact, Right to light is very complex if you believe its going to be a real issue then you need to get expert advice planning being granted is irrelevant in respect of the right and what the others can do about it ?

They can make application to a court this could be for compensation, injunction etc and are under no constraints as to when (generally though courts will not assist a party who seeks after the event) obviously if granted gives them a favorable position in negotiations.

You can start negotiations before it is an issue stop any future claims, Preceded regardless (but get Rights to light insurance), Initiate litigation yourself to determine the existence of the rights to light and the appropriate remedy.

stator

Over your outrigger? Is this a boat?

7Chrono

That's what the builders call it!

Doozergirl

7Chrono wrote: »

That's what the builders call it!

It's definitely not a building term. I have no idea what he's talking about, but I'm intrigued.

DigForVictory

+1 for sort an insurance policy Just In Case.

If you have to go to court, the costs very quickly stack up. Having an insurance policy on your side may make matters more affordable.

I strongly approve of the way you accept there may need to be adjustments to compromise already though. You sound like a good neighbour!

brightontraveller

Doozergirl wrote: »

It's definitely not a building term. I have no idea what he's talking about, but I'm intrigued.

Pretty common term in south at least but I tend not too venture up north to cold not enough money , Often used when describing infill extensions e.g terraced /semi-detached buildings that are L-shaped by virtue of sharing two-storey rear projections

https://www.brighton-hove.gov.uk/sites/brighton-hove.gov.uk/files/SPD12%20FINAL2.pdf

Page 10 will show better than i can explain

teneighty

It would be unusual for a roof dormer to create a right to light issue, even on an outrigger.

Sounds like the neighbour is just trying it on.

The onus would be on the neighbour to prove their claim so I would discuss it with them to try and find out the basis of their assertion.

Forgot to add it is a civil matter totally separate to the Planning Application, bit like the Party Wall Act which is another piece of legislation that is often misquoted by disgruntled neighbours.

Doozergirl

brightontraveller wrote: »

Pretty common term in south at least but I tend not too venture up north to cold not enough money , Often used when describing infill extensions e.g terraced /semi-detached buildings that are L-shaped by virtue of sharing two-storey rear projections

https://www.brighton-hove.gov.uk/sites/brighton-hove.gov.uk/files/SPD12%20FINAL2.pdf

Page 10 will show better than i can explain

Thank you for that.

And you're cheeky! I'm not up North. I'm an hour and forty five from London on a good run. Probably closer than you on some days