Any planners? - question about "right to light" concerns from a neighbouring shop affecting us

[namechangecity]

A property next to my late father's shop with first floor flat (he has recently died) has been proposing a monstrosity of an extension out of proportion to everything out there and which (in our opinion) will seriously affect the listed building adjacent to it.

We have had a lot of issues dealing with the relevant planning department. Sadly my dad thought he has sorted this whole issue out before he died and we now find out the planning department are basically ignoring all the work that has been put into his objections. One of the main concerns is that the huge extension will seriously affect the light coming in and our right to light will be seriously affected. I have always thought that a "right to light" was something that planners needed to take into account when considering and passing planning applications but they have today confirmed 6 months after we raised this that this is not something they take into consideration as this is a civil matter????

What do we do then - wait until a planning consent is passed and then sue the grantee of the permission saying it affects our right to light? This may get us some damages but the extension will have been built and the right to light affected - we are not wanting damages we just want the right to light to be unaffected. I know that building lines and angles etc are taken into account when planning permissions are considered so is right not to light not one of these considerations? There is no point calling the planning department for clarification as they confirmed this week that while they take objections into account they do not have time to speak to anyone that is objecting about anything???! Many thanks.

Namechange

I know that other posters will come along to give you their opinions but am I right in thinking that there's your late father's shop next door to the property with the first floor flat which is next door to the listed building. ? Is the shop still a going concern ? if not and you are looking to sell it , then is the right to light still relevant ?

It is my Dad's shop with first floor flat, attached to it is a shop with first floor flat that is proposing monstrous extension and next to that is the listed building. Extension will completely block light to back of Dad's shop and to Dad's first floor flat hugely and will affect the listed building in terms of what it will look like (not sure if it affects their light). Dad's shop is let to tenant who operates it as a shop and the flat is let out to same person it has been let to for last 10 years - so both in daily use.

Legally i don't think there is such a thing as a right to light unless expressly stated in the title deeds, i might be wrong though.

Just google it and you'll see that there is an implied right to light.

www.rics.org/us/knowledge/more-services/guides-advice/rights-to-light/

There is a right to light in the house, but not in the garden, I have read. But it will be a matter of degree of light, which is not stated.

I know you say the planning department haven't been helpful but have you tried to contact the conservation/listed buildings officer to highlight your concerns re the listed building? The listed bulidings officer for our district council is very hot on objecting to practically anything. Do you know the owner of the listed building? If so, you could liaise on an objection.