Planning permission vs covenant on ex-council property

[DoLallyTapMum]

Hi, I’m looking for some advice as a planning permission application has been put in by my neighbour (a property developer who rents out his properties after renovating them) which will block pretty much all light to the back of my property. The properties are ex-council and have a covenant about permission for any alterations or extensions. The developer has told me and neighbours that permitted development means he can extend 3m out even if he isn’t given permission for the 4m one he has applied for. This has left me somewhat confused and I have a few questions.

1. Do permitted development rights mean that he can build out 3 meters (end terrace) even if that blocks all light to my only back window?

For context my window is the only one at the back of my property, is 2m wide and next to the wall he plans to build out from. I have looked up right to light laws and it would fail the 45degree test, plus the outbuilding to the other side of my window means there will be no light from that side either to mitigate his extension.

I have attached an image of his planned extension and my drawings include my window (W), outbuilding (o), the 45 degree test from his current extension (dotted line in red) and in blue I have put where the 45 degree test would allow him to build to (1.75m out based on the measurements I took, his proposed extension is around 4m).

2. if there is a council covenant for permission to make any alterations to the property, does this mean that permitted development rights don’t automatically apply and planning permission must be sought for any extension?

I would really appreciate any advice as I’m obviously opposing the planning application, but am worried the developer will go ahead and extend 3m out blocking all my light even if it’s rejected.

Permitted development rights would allow him to build an extension even if it blocks your light.l as long as it is within a set criteria.

In terms of deed covenants, they are civil and not enforceable by the council. However if the council has removed permittes development rights he would need to apply for planning permission and the planner would assess any impact on daylight/sunlight.

I would contact the council to see if the permitted development rights have been formally removed.

I'm a council planner in Scotland.

@Raffleyourdoughnut Thankyou, I’m pretty certain they haven’t been removed as were not a conservation area.

I’m honestly really upset, I bought and renovated my home less than two years ago now and he’s going to absolutely ruin it for me. All I think I can do is apply for permission to extend my home and then sell it with planning permission (I won’t have the money to extend myself for years, if at all). Plus I’m pretty sure this will devalue my home and I am due to remortgage and this will affect my LTV. Basically I’m screwed all round by a selfish property developer who does not need to do this extension but is choosing to because he can.

Hi OP. Is your house a mirror image of his? It just seems odd you've just got that little space and one window at the back?

I would have to read the criteria of permitted development again, but there may be restrictions on building up to a boundary. If so, that would help (I think it's 1m?) In terms of light.

The restrictive covenants on ex-council aren't really anything that would help you (I would have thought). I have all sorts on my ex-council deeds. Lots of people down my road have extended without a problem. One was turned down for planning permission as it went up to the boundary and would have gone against the 45degree rule. The window was much further than yours is too.

No legal knowledge but I was under the impression that you had no 'right to light' until I watched a tv programme where they mentioned the 45 degree rule for a window that is for a main room (I believe). So we were ok building ours because the 45degree rule affected a dining room (the neighbours were fine). I would speak to your council planners. Good luck!

The 45 degree rule is used to assess development as part of the planning process. If he has permitted development rights and build the extension within the criteria set out in the permitted development regulations (I'm assuming for England), the 45 degree rule doesn't apply.

Thanks everyone. My house is a mirror image of his except as I am mid-terrace (second of 4) I don’t have the side utility instead I have a utility on the back, so the only window into my kitchen/diner is next to his wall. The utility has a tiny window facing side on to his garden, so the extension will block light to that completely too.

P.s. my window is 75cm from the boundary. So the 45 degree rule would mean that from the mid point of my window meant he could only build 1.75m out without blocking more light than is reasonable.

OP, not much help I know, but you wouldn't need planning permission to build out the same he is planning to. You too would have permitted development rights. If you've already got the utility across part of it, it doesn't sound like it would cost that much? How wide is the gap?

No, if he has to apply for planning permission the planner will use the 45 degree rule to determine if the impact of your window would be acceptable or unacceptable. If it fails the 45 degree rule they would refuse the permission or undertake a further test which is more complex and then decide if permission should be granted.

In Scotland for terrace houses permitted development allows a maximum 4m in height and a 3m out. So if you lived in Scotland your neighbour could have a extension that would extend the rear of their building by up to 3m (including any roof overhang) without needing consent.

I think the key for you is whether your neighbours property has permitted development rights. If he has permitted development rights I would look up the permitted development regulations for England to see what the maximum extension allowed for terrace properties.

Thanks again everyone. I have read some more of the permitted development rights and it seems that if an extension is within 2m of a boundary the eaves height cannot exceed 3 meters. This is actually useful as the garden is down from the property (on a hill) so I think this may mean that even if he does build it, it can’t be higher than my utility which is 3m high and has a step down to it to avoid having a low ceiling. I imagine he doesn’t want this which is why he’s applied for planning permission.