So upset - Planning permission granted

[Bloomingpink2023]

Hello. I feel so angry about this as the whole process just feels so underhand.

yesterday, I was approached In a cafe on the street I live by a man asking if I lived at my address and what floor I lived on. He didn’t introduce himself or explain why he wanted to know. He then said he knew I lived there as he had seen me on my terrace!!! I declined to answer until he explained that he was the owner (freeholder) of the entire building next door.

he wanted my contact details and my freeholder’s. Said he was planning an extension and loft conversion and needed to discuss a party wall with us.

I said you won’t get permission as you’ll block my light and he told me he had already been granted permission. I thought he must be lying as I was never notified or consulted about this and I’ve never seen anything.

I went home and he was awarded it! I called up the council (London council) and it turns out they no longer have to inform neighbours directly. They said they placed a press notice in a local newspaper (which is not my local newspaper for my area) which I should apparently be reading?? They also said they put a site notice up. When I asked where that was, the officer couldn’t say.

I asked if I could appeal it and the officer said there was nothing I could do now as it was granted. I could only oppose it on a point of law on procedure if I believed the process hadn’t been followed correctly and I would have to appeal it in the High Court in the Royal Courts of Justice. I’m not sure I can even do that, as the permission was granted 8 weeks ago.

I’m deeply deeply upset about this. The proposed extension will block off most of the light into my kitchen and bedroom. It will also mean I am overlooked on my terrace and in my kitchen. And it will also kill off a number of climbing plants that are growing up the trellis which is on my boundary line where they are proposing a massive wall.

I’m just so upset and wondering if there is anything I can do. I just hate how underhand and sneaky the whole thing has been. The council officer did say it was suspicious for this neighbour to approach me to agree works after it the permission was granted and it wasn’t the normal way he would’ve done it but then said it’s a flawed system and he’s had similar complaints.

I feel like this neighbour has been allowed to hide behind the new process of this council not to inform me directly, and has deliberately done this knowing I can not challenge it.

please please could someone let me know if I have any way of challenging this or what I could do.

I know my neighbour clearly wants to start work soon which is why he wants to issue this party wall notice.

The notice is displayed on a lamppost typically, there's a few up currently here (cladding retrofitting) and they are on both walkways the public can access. Plans are also on the council website.

Right to light has to be considered by the council officer so look at the judgement, your privacy also needs to be considered but neither are absolute eg they would need to say how they can be mitigated.

That sounds bizarre. Definitely worth checking if they're right about not needing to inform you.

We got planning permission for our extension recently and the Planning department wrote to our neighbours to tell them about it and give them the option to object. Even our neighbours over the road who wouldn't be impacted by a rear extension they couldn't see (except for the construction period of course).

apparently they changed their policy in 2017. They no longer have to directly write to or consult or notify neighbours directly affected.

there is an alert system you can opt in for but I pointed out to the officer how can I opt into something I have no idea exists when I thought I would be directly consulted. He just said it’s a flawed system.

God that’s absolutely terrible! I assume you own the flat ? Is it just your LA that do this? It certainly doesn’t sound usual and I can’t believe more people haven’t kicked off about it.

That sounds horrible and underhanded, I'm really surprised! I'm in Scotland so the rules will be different but recently received notification of a planning application that was lodged by a neighbour a few houses away, we literally won't even be able to see the finished works but we still were advised of it!

You don't legally have a right to light. Architects wife here.

You may still have a claim for interference with rights of light. Whilst the planners will have taken into account sunlight and daylight in determining the application they will not have considered whether there is an actionable interference with your rights (if you have any) of right as that is a private law matter. It might be worth consulting a rights of light surveyor.

I'm in Scotland so it's different here, but do you have to consent to the party wall agreement for works to go ahead?

I’m not an expert, but I’m not convinced that the local authority can decide not to directly notify neighbours.

In any case, you need to appoint a surveyor (that this man will be paying for) to represent you in his party wall application.

He can’t start work without the party wall agreement and if he does then legally you can get works stopped until it is in place. That buys you some time.

I would speak to Citizens Advice (they are free for half an hour) as to guidance as to whether or not legal process has been followed. If neither the freeholder or yourself had any idea that this application was being considered then that could be grounds.

The local newspaper advert can be argued as inadequate. The sign on the lamp post could have been either never put up or removed (a neighbour on our road took theirs down!!!). They would need proof as to if and when it was ever put up.

You can complain to the Ombudsman

https://www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/your-neighbour-s-planning-application

You do have a right to light.

A right of light is treated as an easement in the same way as access rights can be.

However, if the right of light is infringed but not removed, this may be sufficient for the development to go ahead.

In cities, developers can spend quite a bit of time and money on buying off rights of light claims. It is probably worth talking to a specialist surveyor.

The right of light is not a matter for planning, but in theory at least would allow the op to claim an injunction preventing the development from going ahead or (more likely) some compensation if her level of light is noticeably reduced as a result.

We were also told during a planning application process that there was no such thing as "right to natural light".

Make sure that you clearly understand and fight for your rights with the party wall agreement.

There is a right to light. There is even a Right to Light Act. If a property has an uninterrupted enjoyment of light for 20 years, it has the right to light as @jotunn sets out. However, if the light is obstructed for at least one year before the 20 years is up, there is no right to light. Also, the Right to Light Act provides a mechanism whereby a property can be prevented from acquiring the right to light without having to erect a structure to block the light.

Re consultation, the council is required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 to serve notice on neighbours unless it is an Environmental Impact Application accompanied by an environmental statement, or it does not accord with the development plan, or it would affect certain rights of way. I'm not an expert on planning law so I can't comment on whether your council's consultation met the requirements. You are not yet out of time to appeal the decision, but time is limited. Consult a solicitor who knows planning law.

Do you have legal cover as part of your home insurance policy? We've used ours before and had good advice.

So what will happen if the OP refuses to sign the party wall agreement?

Depends if the freehold owner of her flat does so and what her ownership / tenancy position is.

Generally it is quite difficult to not have a party wall agreement at all. The developer can appoint a party wall surveyor to act on Op's behalf and 'op's' surveyor and the developer's surveyor will prepare an agreement.

There is a dispute resolution process but it is more about getting the best terms and delay than stopping the process entirely. This will be more complicated if the freeholder doesn't really care and signs the agreement.

In Scotland there are guidelines about minimum distances between buildings etc wrt light. The height of the proposed building and whether it will be built on a hill also has to be considered.

This was my first thought . Even if Op does her best to delay things until she is satisfied there is nothing she can do about the planning .

And my commiserations OP. This is awful. I can imagine how sick you must feel.

There may be something she can do about the planning permission. Apart from the few situations set out in my last post, the local authority is required to consult any owners or occupiers of adjacent properties. I don't enough about planning law or OP's case to say whether the council should have notified OP but, if they've got it wrong, OP may be able to overturn the planning permission. She needs to consult a lawyer who knows planning law.

@prh47bridge

Planning lawyer here.

It is very difficult for the op to challenge the permission. She can only do so through judicial review and planning challenges must be brought within 6 weeks not the usual three months. Even a successful judicial review might not change much :- if she gets over the time bar, and brings a claim and that claim is successful, the Council will have to take the decision again but properly consult.

In that case the Op can object but would need evidence as to how badly her daylight and sunlight would be affected and whether this would drop below the minimum levels in the BRE guidance.

In challenging she will also incur substantial legal fees and may have to pay the Council's legal fees if she loses, although these could be capped.

She is probably therefore better off in seeing if she has a rights of light claim which could be compensated.