Neighbour proposed extension would block Kitchen Window

paul101paul

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....

Chanes

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

Thanks Chanes, I'll take a look through the website and dig out the deeds

phil24_7

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.

System

Kitchens and bathrooms don't count as habitable rooms in planning terms either so be careful about how you word any objection

phil24_7

the_r_sole wrote: »

Kitchens and bathrooms don't count as habitable rooms in planning terms either so be careful about how you word any objection

Kitchens count for planning...I know as I have just scoured my council planning documents.

System

phil24_7 wrote: »

Kitchens count for planning...I know as I have just scoured my council planning documents.

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

My local planning department doesn't count a kitchen diner as a habitable room.

phil24_7

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

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

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.