i need to fight this planning application!

[eddielizzard]

my next door neighbour but one wants to do an extension on his house that means my house will be in the shade of his house all winter long. it's not an issue in summer, but his house already cuts sun from the ground floor all winter. his proposed loft extension will cut the sun from the first floor too.

we're in a conservation area, and i don't really know the rules except that i know he can't make changes that can be seen from the street, which it won't be.

is my loss of sun a valid reason to object and get his extension turned down?

ugh it's going to be really horrible.

I don't think it is unfortunately, you don't have a right to light generally. Why don't you have an informal chat with a planning officer at the local council? You don't have to name names, but you could ask about what they will permit in your local area, etc. Have a look on their website, if they are like our council, there is a duty planning officer available daily for a couple of hours for general enquiries.

There is a "Right to light" that councils will take into consideration, but there are lots of caveats in that. However, I am not sure that you have a right to direct sunlight - if your window can still see the sky then you may be powerless from this POV. Roughly, they do a calculation from the middle of a windowsill going 45 degrees up and see if that would be blocked. The window has to have been there 20 years to have a right to light. I would call the planning office as wowfudge says. Have they submitted plans yet?

Yes there is the concept of a right to light and you need to speak to your local planning dept. This is quite distinct from the conservation area assessment.

wowfudge, you may be thinking of the "right to a view"?

However, they will be looking at whether the light reduction impacts on the usability of the room - so something substantial in terms of the light reaching the room, making it less fit for purpose etc.

An application will only be turned down, or more likely amended then passed, if it contravenes planning regulations.

To build a convincing case you need to familiarise yourself with the national planning policy framework

and perhaps more relevantly your local plan. Google place name + local plan.

As it's a conservation area the legislation relevant to those will pobs be your best bet

sorry posted too soon

Development in conservation areas will only be permitted where it enhances or preserves the character of the area. design should be appropriate and complimentary to the prevailing form and character of the area. Although this is applicable to new builds it also applies to alterations to existing buildings.

thanks for the replies everyone.

Shevel - i've been wading through my local council plan and it is very turgid stuff! i've found a good right-to-light document though, but the 45 degree rule might mean i don't have a case.

they are also proposing to use cheap building materials that don't match the current building (victorian terrace in conservation area) so i hope i can also object to the materials proposed.

all the houses in the vicinity only have 2 storey back extensions. his will be the first 3 storey. i'm worried it'll open the flood gates.

i don't hold out much hope though.

Conservation areas often have rules regarding not altering roof lines. If your neighbours proposed 3rd floor alters the roof line, then it may not be permitted.
This may be why all the other extensions are only 2 storey.

Your councils website should have a section which details the exact nature of your conservation area and what in particular they are aiming to preserve along with restrictions on development in direct relation to the conservation area.

You can also object to the extension on the grounds that the scale and size of the proposal constitutes un-neighbourly development.

Also look up your councils online planning applications for your street. You may see others have applied for a 3rd storey and been refused. You can then print out and reference that in your letter of objection.

Light is rarely the reason for rejecting a planning application (unless inner city). There are plenty of other good reasons. Just research and see why others were turned down.

You could contact your local councillor. They are often involved in planning committees, and have an interest in preserving the character of an area, particularly if it is a conservation area.

unfortunately the neighbour is an ex-councillor. he knows all the right things to say in his application. i think i'm going to talk our road association chairman. he's quite active in objecting to applications that are out of character.

Our next door neighbour moved in and straight away out planning in to rebuild the rear extension with a higher roof pitch.

It completely blocked our view but not our light so nothing we could do about it and it went ahead.

We are now moving.

that really sucks Beaver. the people who buy your lovely house won't be any the wiser but it's hard to come to terms with the loss of something that adds greatly to your quality of life.

well thanks to all the suggestions, i've found the right documents to site and have come up with a pretty good objection. i've just drafted it and i'll sleep on it for a few days.

after reading it, i doubt the neighbour will be on friendly terms with me which is a shame as it's a close-knit community and one of the reasons i love the area. we're not planning on moving ever and nor are they!

Good luck. I would definitely advise speaking to your road association chairman. He may also be able to write an objection based on maintaining the character of the conservation area.