AIBU for being angry for not commenting on neighbours planning permission

[magicmania]

Last year our neighbours bought a house and applied for planning permission. Our gardens are East facing and they are in the south. A big of the light for our house comes from their side. They applied for a two-storey extension that we did not comment on. Yes, we were just silly and did not fully think through. The permission was rejected as their neighbour on the other side complained about light, which is not really obstructing. That makes us even worse to know that we just missed a good opportunity to be heard. Now they have begun construction and we see how massively dark our house is going to feel and the impact it will have on us. I know we can't do anything about, I am here screaming "Please tell me how to get past this?"

How come they are beginning construction if the planning was rejected?

Last year our neighbors bought a house and applied for planning permission to extend. Our gardens are East facing and they are in the south. A big part of the light for our house comes from their side. They applied for a two-story extension that we did not comment on. Yes, we were just silly and did not fully think through. The permission was rejected as their neighbor on the other side complained about light, which is not really obstructing. This decision was then reversed after appeal. That makes us even worse to know that we just missed a good opportunity to be heard. Now they have begun construction and we see how massively dark our house is going to feel and the impact it will have on us. I know we can't do anything about, I am here screaming "Please tell me how to get past this?"

I think you are just going to have to let this go. I know it's easier said than done tho.

If it's been rejected how have they started the work?

It's too late now if it's been granted and I've misunderstood I think.

They appealed the decision and was approved further. Struggling to let go. I know there is nothing we can do now.

Re read now and understand I think you mean neighbour's objection was rejected?

I think you’ve misunderstood the process. Complaint does not invalidate an application, it highlights your concerns. If an application complied with regs it will get permission, complaint or not.

@magicmania

Last year our neighbors bought a house and applied for planning permission to extend. Our gardens are East facing and they are in the south. A big part of the light for our house comes from their side. They applied for a two-story extension that we did not comment on. Yes, we were just silly and did not fully think through. The permission was rejected as their neighbor on the other side complained about light, which is not really obstructing. This decision was then reversed after appeal. That makes us even worse to know that we just missed a good opportunity to be heard. Now they have begun construction and we see how massively dark our house is going to feel and the impact it will have on us. I know we can't do anything about, I am here screaming "Please tell me how to get past this?"

What would you have said though? The case was considered by an Inspector on appeal who clearly didnt think there was merit in refusal

All you can really do here is learn from your mistake and ensure you don't repeat it in future.

Why didnt you raise objections?

your post doesn't make sense. They didn't get permission but they are building anyway?

what Positivelynegative said

there's a common misconception that a neighbours comment will result in an application being refused. It won't, it will only be refused if it is contrary to national / local planning legislation

I am wondering if I had said our light would be obstructed massively, the inspector would have acted on it. Esp when they acted on the complaint by the other neighbor who has very minimal impact as compared to us.

My attempt at describing the positions.
A, B, C ))) Sun))))))) :Sun direction.
We are A. B is extending, C applied and the council heard

If they have planning permission now, there's nothing you can do. Even if you had objected, it's possible they would have been granted permission anyhow. You're going to have to wait and see how much it impacts your light, and maybe buy some shade-loving plants.

YANBU as long as you are just angry at yourself for not commenting/objecting to your neighbour's plans. You know you can't do anything about it now so there is no point in you harbouring negativity over it. Best to wait and see how it will affect you and then perhaps buy new lighting to counter the effects as much as possible.

If anything like this happens again, take the time to really consider whether you will be adversely affected.

The right to light is based on measurements of the new building in relation to your windows. Even if you had complained you might have had the same decision made against you.

www.123plans.co.uk/uploads/frontend/media/documents/rightstolight.pdf

Honestly OP our neighbour wrote 23 pages of objections with diagrams, photos, emojis, her views on the law, but our application was compliant and was passed. Complaints do not influence the decision according to our long suffering planning officer.

If the planning application has been approved then there is nothing you can do. Why didn't you object at the time? Have you and the neighbour spoken about their plans and the impact it will have upon you? I think if you've been keeping quiet throughout the entire planning and then appeal process then you can hardly complain now.

OP it’s winter, a really gloomy day and your neighbours might even have scaffolding up. Once they’ve finished, and it’s a normal day with regular levels of light I am sure it will be OK. The planning officer will have considered the impact of light on your property- they won’t have just completely ignored that issue because you didn’t raise it as an objection.

Try not to beat yourself up.

When I applied for planning permission my elderly neighbour sent in two lengthy complaints essentially saying he doesn't like change therefore I shouldn't be allowed to make changes to my home. He then got his children and grandchildren along with some family who live abroad to send in their objections. He then started a petition which he tried to get others on the road to sign, no one signed. It was a nightmare process for both me and the planning department. My planning permission to remove an old broken lean to was approved in the end.
So even if there are lots of objections it doesn't mean an application won't go through.

I think the "right to light" only becomes a legal issue if you've had it for something like 20 years.

Why did you not voice your concern when they went to appeal?

It is unlikely that the council's original decision was totally based on the other neighbour's complaint. In our experience, planning is often turned down by lazy council staff and then overturned by more expert eyes at appeal. Two storey extensions would be looked at very closely for light issues so I would hope that the appeal judge looked very closely at this.

Re your concern about light now that construction has started; is there scaffolding etc going up around? That can make the whole building look so much more obtrusive and you may be pleasantly relieved when it is down.
We did extensive work to our property that required total scaffolding & roof to enable the builders to work unhindered by the weather & thus complete the job very much quicker. It looked absolutely enormous though and did overshadow our neighbour's house during the process, but once taken down our building works made virtually negligible difference to the neighbour. And I can say that categorically since we rented the neighbour's house to live in for the duration!

@TheOrigRights

I think the "right to light" only becomes a legal issue if you've had it for something like 20 years.

yes, it has been so for the past 53 years. Though we have been in the house only for 3 years

My neighbours were allowed to go ahead with their two storey extension in spite of our opposition. As we had forecast, it plunged our already sad little garden into darkness during the only times of day we had used to get sun. So don't beat yourself up, it's really very hard to win in my experience.

Build an extension too. Then the end of yours will be in line with theirs and the status quo resumed?

Thank you all for your kind words.

Why we did not comment - I am not sure. Mostly because we did not think it will affect us massively and were planning on moving our kitchen to the back facing our garden etc. Yes, hopefully when all this scaffolding comes down it won't be that bad.

We did not think this through well, but yeah a big lesson learnt and would definitely spend more time on analysing our assumptions.