Objecting to neighbour's extension request - right to light issue

[JacobReesMogadishu]

Our next door neighbours currently have a garage extension on the side of the house. As the houses are so close together there is about 4 ft max between the side of their house and the side of their garage. I have no problem with the garage. We have a landing window on the side of the house upstairs which is the only way of getting light into our landing and hallway.

They have applied to extend above the garage. I've had a letter from the council informing me of this and have logged on and objected as we would have a brick wall 4ft from our landing window which would block a lot of light.

Anyone been in this position and know how likely it is they won't be allowed to go ahead? I'm worried they'll get permission anyway. I've googled and apparently we do have a right to light but it sounds quite complicated.

I maybe completely wrong but I think its only where living rooms are affected. Not sure affecting a landing area would be enough of a concern for refusal.

I would not have mentioned a landing, only ‘living area’. Is there a compromise you could live with? If so, write and suggest it to neighbours and council.

The houses opposite my grandparents had a similar issue where one had obtained planning permission for a two storey extension which also had a window on the side looking onto the existing landing window of their neighbour. The neighbour must have owned the pathway between the houses though and had put in two massively tall fence posts and attached a wooden panel directly in front of the new window. I don't suppose it did much for the light issue but it did guarantee privacy

Sadly I think you're right. Further googling suggests it's normally only applied to habital rooms not landings. Though I did find something where someone had been granted right to light for a hallway and the neighbour had to demolish their extension.

No compromise - they either build the extension or they don't. If they do we will have a dark and gloomy landing which seems unfair. Our downstairs is open plan so the light coming from the landing/hallway also gives us light into the kitchen/diner but apparently because we have other windows in those rooms then it still won't count.

Our neighbours objected to our extension as it blocked light to their upstairs landing and were told as it wasn’t a bedroom or living room they couldn’t object. They also objected that it might cast a bigger shadow into their garden (it didn’t), they would have to cut a tree down (they didn’t), the noise would disturb them (well it’s only for the duration of the building work). Oh and they said as it was close to their house it would make their house feel semi-detached not detached (you are legally allowed to build 500mm from your boundary then then had about a metre after that).

We weren’t doing it to annoy them we needed more space.

I think we will be more successful about privacy - we're likely to be able to state they don't have a window directly opposite ours or if they do it's obscured glass.

No experience on the planning aspect op - but our detached house is about 5 foot away from next door on one side and our west facing landing window also looks at a brick wall.

Our landing window is large - but the house next door doesn’t seem to have any tangible negative impact light-wise. The view would be nicer if it wasn’t there, sure - but our landing is still fairly well-lit by natural light.

Just thought I’d mention - if it does go ahead it may not be as bad as you fear.

Thank you, that's reassuring.

I now just need to face telling them when I see them next that we've objected.

Our neighbour built a similar extension. I didn't object because I spoke to the planning officer who basically told me there was no point - as you mentioned already, blocking light would only be an issue in a habitable room. They put obscured glass in the window opposite ours.

My experience has been similar to PP in that there's not really much difference light-wise. The only problem has been having their scaffolding up on my side as well as theirs for the last few months, and the dirt/mess from the building work.

Well I will certainly be refusing scaffolding on my land as I won’t be able to get my bikes out The back garden If the side passage is blocked and I use them daily. They will have to work out how to have scaffolding front and back. I’ll talk to the planning officer tomorrow.

I will also insist on a party wall agreement survey, they have to pay for the surveyor apparently.

Planning won't get involved in issues like scaffolding or party wall. who does the side access belong to? Usually ndn have the right to maintain their property via a shared access. You might have more luck with request for working hours to accommodate your need to move or they could use a tower which can be moved each day. Can you store bikes elsewhere?

The access is that there is a boundary hedge which I own. They have a path on their side which is only just wide enough to get a wheelie bin down so I doubt it’s wide enough for scaffolding.

I have a wider path on my side. But this is not shared access, it’s my land. And they will not, unless I am forced by a court be stepping foot on my land. I can’t store the bikes anywhere else. My main bike is actually a trike and won’t fit through the house and I use them every day.

I have no idea what time I will take the bike out every day. It depends on the weather for one thing. Currently I’m working from home but go out for a bike ride every day. If I’m back at work then again my job is quite flexible and I don’t know what time I will come home....anywhere between 2pm and 6pm.

There is nothing in my deeds about them having right to access my land to maintain their property. And it isn’t maintenance.

I’ve read online about people refusing scaffolding on their land and it seems you are allowed to refuse. Just means for the neighbours they will have to have scaffolding front and back with a weird arrangement over the top which will be significantly more expensive. Not my problem.

I mean, you definitely can be as awkward about it as possible but you know you'll still have to live next door to them afterwards, right?

If it wasn’t for the bike situation they could have the scaffolding on my land. I’m not refusing it to be awkward. I have a genuine reason which they’ll know. They see me on my hike inc for commuting every day.

I mean if they want to rent me out a holiday cottage or something in the village for the duration so I can store my bike elsewhere within a couple of minutes walk of my house then they can. So that’s their alternative which I’ll suggest to them if we get that far.

And yes I have to live next door to them but they also have to live next door to me. I don’t want to fall out with them about it and as far as I’m concerned I won’t fall out. They have a right to apply for planning permission I have a right to object. If they get it I will accept that.

They have a right to ask to put scaffolding on my land I have a right to refuse. They will have to accept that.

A landing is not a habitable room, rights to light are for habitable rooms so living rooms, bedrooms etc.

Scaffolding can fit along even a narrow path so you may find that is a non issue. Would they need a party wall agreement if they can use the existing garage walls rather than laying new foundations? If your path , hedge and theirs is in between will that exceed the distance anyway?

Your neighbours will know you have objected and see your comments, this is public information and can be viewed by anyone on the planning portal.

I was led to believe there is no such thing as right to light, the best thing to hope for is that the council will impose sensible times for the works if planning was granted so you aren’t disturbed too much.

Have any other neighbours in your street been granted planning for the same type of extension? If this is the case I would expect planning will be granted or if the extra space is needed for disability etc.

As PP said you still have to live next door, so tread carefully.

We've got a similar width access path to our house and the scaffold fit on our land.

They need to demolish the garage and do new foundations. The garage is ancient and falling down and doesn’t have the right foundations for a 2 story building. The distance between my house wall and their garage wall is 6ft max so I think will need a party wall agreement.

I know they’ll see I’ve objected......I’m not bothered about that. I’ll talk to the planning officer tomorrow and see what they say. There’s also no actual plans/drawings/documents in the planning portal which surprised me. I clicked on the documents tab and it said there weren’t any. How am I supposed to comment if I can’t see any drawings.

@oiboi

We've got a similar width access path to our house and the scaffold fit on our land.

Did you agree to it?

@Roselilly36

Your neighbours will know you have objected and see your comments, this is public information and can be viewed by anyone on the planning portal.

I was led to believe there is no such thing as right to light, the best thing to hope for is that the council will impose sensible times for the works if planning was granted so you aren’t disturbed too much.

Have any other neighbours in your street been granted planning for the same type of extension? If this is the case I would expect planning will be granted or if the extra space is needed for disability etc.

As PP said you still have to live next door, so tread carefully.

There’s only their house and the other half of their semi which are the same style of house so no, no other similar house which has had a similar extension. No disability involved.

I have a feeling you are trying to hinder their project and been awkward.
Work with your neighbours not against them.