Building an extension which will cover neighbours window

Claireycole

Hi 

I am looking for some advice. I have just made an offer on a house but I am slightly worried because the house next door has an extension which overlooks the garden where I would want to build an extension.
Any extension I built would cover this window. I have looked online at the council planning records. When they last applied for planning permission in 2016, this was for a side extension and to replace the existing back extension roof, the side window was already there.
This window must have been there for quite a long time but I cant see that they ever got permission for it. 
I know there is a right to light but the back extension (their lounge) also has Velux roof windows and bifold doors into the garden. 
Will this window prevent me from building an extension?

I hope that makes sense.

Thank you

Claireycole

Image of rear 

london21

If next door got planning permission likely you will also get it.

If it does get declined then they can give you ideas of what would be allowed.

If your offer is based solely on the application for extension been approved might want to rethink, can put the application in and see but then again costs. 

lookstraightahead

Does that window open outwards onto your garden?

Claireycole

lookstraightahead said:

Does that window open outwards onto your garden?

I'm not sure which way it opens, I didn't check 

RelievedSheff

lookstraightahead said:

Does that window open outwards onto your garden?

It doesn't look as though next doors extension is right up to the boundary line if you gauge it by the boundary line being the mid point of the chimney. So the window will likely open over next doors land.

Claireycole

Do you think it's possible to build an extension which blocks the light to that window.
Thanks x

RS2OOO

Looking at the angle of the sun and shadows cast in that photo, it appears next doors extension blocks light to your future patio area so any extension you add shouldn't severely impact light to their side.

As for their side window have a look at the drawings on the planning portal and see if the window was part of their original planning application. Might be the case they've just added it without permission and thus the council won't know its there when you apply.

pinkshoes

What's the other side of their extension? Seems an odd place to have a window overlooking a neighbours patio!

princeofpounds

Right to light can be a complex area - it goes beyond planning as it is also a consideration in civil law. If the window has been in place for over 20 years they probably do have a right.

The more complex issue is whether they try to enforce it and if so, what remedies they may seek. Courts may see a certain degree of light loss as acceptable - it depends on factors like the use of the room, location of other windows and so on. When they think it is unacceptable, they may order some compensation or (less likely) an injunction to prevent or adjust the building.

Just google 'right to light extension planning law' and you'll find lots of stuff. 

You will probably be able to get your extension done but you probably want to do your homework on this issue first. Depending on the situation there may be things you could do, such as leaving a gap between their extension and yours. Or you may not even have to.

I'm no expert so I can't tell you what will happen.

TripleH

The window looks like a bathroom window by the size, shape and position in the extension.