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.

by the by party wall isn't just about 3 ft to your building its 3 ft to the boundary of your property but I would be concerned about your hedge & the foundations
I would however talk to your neighbour use diplomacy & the light to your landing window is no reason to refuse so I would forget this & explain about your concern about scaffolding
we had an extension years ago & no scaffolding to the side but to the front & back of the house

@mumsy27
Objecting to something that blocks out light is not being awkward.
Likewise saying no you can't put your scaffolding in my land because I need access to my garden is not awkward either.
Everyone has a right to say no. I would do the same if I has light concerns and definately would say no to the scaffolding if it stopped me getting access to my garden.

Does a utility room count as a habital room?

Party wall agreement is needed if work is within 3 or 6m of another's property depending on depth of foundation. Not sure if property means actual house or just the boundaries.

It's certainly within 6m of the house, probably 3m. And yes I'm worried about the hedge as its already getting pushed over to make their walk way bigger and has developed a bend

I don't seem to be able to add a photo from my phone. Will do it later

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.

Ok, do that, that'll make you sound very same and realistic

Sane!

Sounds like they would get planning they might have some conditions attached such as position of a window facing your house. Either way I'd be careful of digging heels in too far. It's easy for things to get ramped up and end up in some sort of neighbour dispute.

You very much sound like you just want to be as difficult as possible - I'm glad you're not my neighbour!
Suggesting they rent you a holiday cottage for the duration is utterly ridiculous!

My neighbour objected to my extension saying it would block light to their kitchen and it still passed and I got permission.

They can cut the hedge so that none of it is protruding onto their path, so if they want to fight back they could do that to the hedge. Most boundary hedges protrude out due to how thick they are.

Personally I couldn't get this worked up about a potentially slightly more shaded landing! I'm assuming you don't spend long periods of time sitting there?!

I'm obviously not expe nor want a holiday cottage. I just need my trike to be able to access the highway. Which it won't be able to do if they put scaffolding up on my land. Their best option will be scaffolding front and back. No idea how they build a gable end in that scenario

Op I'd be more annoyed that they hadn't the manners to inform you personally, no wonder you're upset. As for the hedge, do they know you own it? because they might have plans to remove it to allow scaffolding.

Ex planning officer here.

Right to Light is a specific legal term, and is actually quite rare. It is separate from the planning legislation, and is not taken into account when determining applications.

However, a loss of light can be a planning issue - the loss would need to be both harmful and significant to warrant a refusal. This is why it is normally only habitable rooms that are taken into account is living room, dining room, bedroom. Not kitchens, utility, bathroom etc.

Most Councils require a gap of at least 1m between first floor extensions and the side boundary, but not all. You need to look at the policies in your Council's Local Plan. Ask the planning officer which ones are relevant.

There must be plans of the proposal available to the public. If there are none on the website speak to the planning officer.

Not sure if they know we own the hedge. I'm not actually that bothered about the hedge. It's all on our side. They're good about trimming their side, they have to be or there would be no access. Like I said earlier it's actually been pushed over more than it should be, but I don't complain because it doesn't affect me much. If they get permission I'd actually be open to a discussion about them removing the hedge and replanting something once they've finished if that means I still get access for my bike.

We are actually nice neighbours. Other side extended right on the boundary line which is fine. They have stuff like stench pipe and overflow overhanging our side. Which makes me slightly nervous if we come to sell. But at the minute we have no plans to move and it does not affect us so we've left it even though I'm pretty sure we could insist on them being moved. They also replaced the boundary fence recently which on the deeds is their responsibility. But we offered to pay half because we're nice. We also helped with physically doing the fence even though we didn't have to. Because we're nice and generally try to help our neighbours.

Thanks Seeline, there definitely isn't 1m between the boundary and proposed extension. It's wheelie bin width, maybe 2ft. I'll speak to the planning officer tomorrow.

My Aunt's upstairs window! Delightful view

You may not be able to object on the grounds of right to light but you could argue that the extension will be 'overbearing', this is subjective but it is a consideration in planning applications apparently. We recently had to debate it for our own application.

Well you're clearly not as nice a neighbour as you like to think as you've spent the first few posts thinking up reasons to be awkward! Which is entirely up to you. But so far you haven't actually listed anything that would have a terribly significant impact on you, and the only person you're going to upset in the long run is yourself. They will roll their eyes, get over it, do their extension and forever in their thoughts you'll be the neighbour that is a pain.

(you are legally allowed to build 500mm from your boundary then then had about a metre after that).

Are you sure?

This may vary depending on location, but we currently have planning permission for a build that goes right up to the boundary. Not close to it, on it.

They might be able to erect a cantilever scaffold system that leaves your walkway clear but overhangs your path higher up. They would still need your permission to do this

I'd be happy with a cantilever scaffolding, that sounds like a good solution

@newpuppyexcited I haven't been "thinking up" stuff at all. If it goes ahead looking out my landing window will be like the picture down the thread. I don't spend a lot of time looking out the window but having a wall that close will impact on the light in my landing, stairwell and hall. The hall is open plan into the dining room and rightly or wrongly I'm worried it will make the dining room gloomy. I'm allowed to object and I will. I think that's good enough reason to be worried. Whether it's good enough reason for the planning decision... Possibly not.

I haven't objected to the rear extension, it does not affect me. I didn't object to the other neighbours extension. So I don't just go round trying to think up reasons to be awkward.

They may roll their eyes. I don't really care to be honest. If they don't get permission then it shows I had a valid reason. If they do get permission then like I said I'll accept it. But no scaffolding on my land. If it wasn't for the bike access it wouldn't be an issue

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


Did you agree to it?

Sorry can't work out how to do the quote thing
Haven't explained that very well - I mean our access round our house is only a couple of feet wide (like your neighbours) and when we had our roof done they were able to erect scaffolding on it without any issue. Just trying to reassure you that you shouldn't be inconvenienced by scaffolding.

I don't know anything else about halting planning permission as it seems very idiosyncratic depending on the local area and even then they regularly change their minds. We're in a conservation area and someone on the road has just got permission to put a huge dormer on their bungalow which wouldn't have been agreed previously.