FENCES AND RIGHT TO LIGHT

Re: FENCES AND RIGHT TO LIGHT

Postby COGGY » Sun Mar 13, 2016 6:06 pm

Thank you for that very clear and interesting explanation. Regards Coggy
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Re: FENCES AND RIGHT TO LIGHT

Postby A25WEST » Sun Mar 13, 2016 10:45 pm

Hi,

Thanks for all the replies.

A bit more information to make the issue clearer, The extension to my sister's bungalow was made 30years ago, and the only condition that was made by the Council at the time was that no additional windows were to be introduced, the 3 windows apertures that you can see in the photo are from the original building.

There are no covenants placed on my sisters bungalow.

The free standing 2m fence panels were placed in front of my sisters 3 windows after planning permission was refused on the neighbours bungalow, for the one purpose of blocking light to them before the decision was made on the neighbours appeal, they serve no security or aesthetic purpose.

The rooms that are affected by the blocked windows are 2 bedrooms and a living room, which as you can see in the photo used to have sunlight to them in the morning.

The neighbour has resubmitted with no dimension changes another planning application, as his appeal was dismissed on the same grounds that the building would affect light to my sisters property.
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Re: FENCES AND RIGHT TO LIGHT

Postby despair » Sun Mar 13, 2016 11:43 pm

If the windows are the original builing of 30 years ago they may have aquired a right to light

i am at a loss to see how if the neighbours plans were dismissed at appeal how they can be passed this time

your sister needs to get urgent advice from a right to light expert

and needs to make sure the planners are aware the neighbour is trying to intimidate and block light with those panels in an attempt to get planning permission
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Re: FENCES AND RIGHT TO LIGHT

Postby Collaborate » Sat Mar 26, 2016 9:13 am

Even with PP granted, provided your sister actually has a RTL she will be able to go to court to prevent obstruction of the windows. Time to check her household insurance for legal cover and then take some advice.
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Re: FENCES AND RIGHT TO LIGHT

Postby dantheaxeman » Wed Mar 30, 2016 9:48 am

Although I am not certain on what grounds planning permission may be refused (although I think its pretty much whatever the local/national policy is at the time and therefore open to change) Martin Goodall provides a good outline of what the Local Authority will act on.

http://planninglawblog.blogspot.co.uk/p/how-to-object.html

With regard to
I agree wholeheartedly. It would be ultra vires.
. I agree that it is not within the power of the local authority to determine what rights the parties have, however if they have the ability to refuse planning permission under the various policies, then they can do so regardless of the various rights of the parties.

As an interesting (i think so) aside, my neighbours property has a provision preventing them acquiring a right of light or air. I have often wondered what would happen if I applied for permission and was refused on such grounds.

My guess would be I would be out of luck unless the neighbour objected under grounds of reduced light or air, then I could get judicial review and have their objection disregarded.
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Re: FENCES AND RIGHT TO LIGHT

Postby mugwump » Wed Mar 30, 2016 10:15 am

dantheaxeman wrote:As an interesting (i think so) aside, my neighbours property has a provision preventing them acquiring a right of light or air. I have often wondered what would happen if I applied for permission and was refused on such grounds.



Isn't that strange. I got shot down in earlier posts when I suggested that may be the case, with people saying it can't happen
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Re: FENCES AND RIGHT TO LIGHT

Postby Collaborate » Wed Mar 30, 2016 10:48 am

mugwump wrote:
dantheaxeman wrote:As an interesting (i think so) aside, my neighbours property has a provision preventing them acquiring a right of light or air. I have often wondered what would happen if I applied for permission and was refused on such grounds.



Isn't that strange. I got shot down in earlier posts when I suggested that may be the case, with people saying it can't happen


You'd suggested that a grant of PP could restrict a right to light. People were pointing out that a grant of PP cannot do that.

Dantheaxeman is referring to the situation where (usually) there has been a sale of part of a parcel of land subject to the proviso that one part may not acquire rights to light over another.
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