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Original poster

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

103 replies

JacobReesMogadishu · 13/06/2020 11:22

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.

OP posts:
Takingontheworld · 15/06/2020 08:31

You sound difficult.

ladyslattern · 15/06/2020 10:02

We would all want to be neighbourly and co-operate as far as possible with reasonable requests but my sympathy is with you, OP. If people want to live somewhere bigger they should move instead of putting a wall slap bang in front of their neighbour's window. Both parties bought their homes as stood. So I can see why you aren't minded to inconvenience yourself to accommodate them.

Bluntness100 · 15/06/2020 10:14

Both parties bought their homes as stood

It would be incredibly naive and short sighted to buy a property thinking its surroundings will stay exactly the same for the duration you choose to live there and all rights should be removed from everyone else.

Being reasonable and co operative is understanding that sometimes people do permitted development or they extend because they like where they live and just need more space. It is not thinking of any possible reason you can to make it as difficult for them as possible.

If the objections are reasonable fair enough, but that’s what the planners are there for, to see if neighbours are just being difficult or if it is indeed reasonable.

intheningnangnong · 15/06/2020 10:46

If people want to live somewhere bigger they should move

Riiight. That's exactly what people do. Round here the stamp duty is so much that pretty much everyone extends. The extension capital of the UK apparently. Moving is not always possible.

Original poster
JacobReesMogadishu · 15/06/2020 14:54

Well I've seen the plans now and they've grabbed a load of our front and side garden on the plans and put it down as their garden. Thankfully our plans/deeds show the boundary clearly.

OP posts:
20mum · 15/06/2020 15:09

Just noticed your name. Good one. By the way, plans on deeds indicate the site, but do not delineate it. Historically, the deed was, roughly, a diagram showing the house in question is the second one on the left, on the crooked lane leading to Bloggins farm. There are lawyers' fortunes to be made from disputed boundaries. In modern times, there is less scope for land grabbing, but people still get confused in myths about "my fence" etc.

Original poster
JacobReesMogadishu · 15/06/2020 15:12

Yes, I'm certainly hoping that the plan is meant to be just a rough approximation of the boundary. It makes it look like they own the majority of the space between the houses when actually it's us. Though the proposed extension doesn't cross the boundary line so maybe it doesn't matter.

OP posts:
Original poster
JacobReesMogadishu · 15/06/2020 15:14

And I'm glad you like my username @20mum That you've realised it's an anti JRM dig. I've had 2 people rant at me on MN that they think I'm pro JRM and accuse me of being some right wing Tory (couldn't be further from the truth) :)

OP posts:
Thisismytimetoshine · 15/06/2020 15:14

There is no automatic right to light. Either overbearing, or overlooking is your best bet. Although if it only overlooks the landing window I doubt that'll hold much sway.

FrangipaniBlue · 15/06/2020 16:11

It sounds to me like they've sneakily shown the boundary line further away so that they can get away with building their extension right up to the boundary line.....

My 2 storey extension goes up to the boundary line and even though the land beside us has no houses on it we still had lots of restrictions imposed on what we could and couldn't do!

We also had to use cantilever scaffold because the person who owns the land needed vehicle access but was happy for our scaffold to overhang, it cost almost double the quotes we had for normal scaffold but like you say, that's their issue not yours!

Windyatthebeach · 15/06/2020 16:19

Do you have to draw attention to their convenient errors ASAP op?

LIZS · 15/06/2020 16:24

Even if they have shown plans overstepping the boundary that in itself is not a planning issue. Anyone can apply for pp, even on land they do not own !

Our house was built after ndn and we have an opaque bathroom window and attic window facing their side wall which already had a landing and opaque bathroom window, about 6ft away. There is still light coming in though.

Original poster
JacobReesMogadishu · 15/06/2020 16:30

I’d like to talk to the planned officer before talking to them, she’s not at work for the next 3 days.

OP posts:
Original poster
JacobReesMogadishu · 15/06/2020 16:34

If the planning officer confirms that we have no right to light and that they can build right up to the boundary then I’ll withdraw the objection as there’ll be no point. Then it’s just a case of making sure they’re aware that the hedge is 100% on our land, not theirs!

The good news from seeing the plans now they’re actually available is there’s no window overlooking our side.

Our old neighbours would have come round and talked to us about this, rather than us just getting a letter. Shame these didn’t.

OP posts:
20mum · 15/06/2020 17:14

Errr....don't let the landgrab aspect of the plans go unchallenged, would be my strong suggestion . That will be a permanent public record you knew, and tacitly agreed, when they staked a claim.

intheningnangnong · 15/06/2020 17:14

I agree OP, our neighbour at least got a preview and we accommodated some of her wishes. I do think it’s rude to just put plans in without speaking to those impacted.

AnotherEmma · 15/06/2020 17:25

We told our neighbour what we were planning and offered her the opportunity to discuss it before we submitted our planning application. She declined to discuss it and waited until the last minute before submitting her objection, which delayed the planning decision because it meant back and forth between us and the planning officer, who wanted us to revise our plans. It was a massive pain and could have been avoided if she'd be open to discussing it earlier.

Some neighbours are just arseholes difficult. It is what it is.

Furloughedpissedoff · 15/06/2020 21:33

Op I have to agree don't let the landgrab aspect of the plans go unchallenged in fact I'd be building my own wall to make a point. Would you be happy with the possibility of them looking excess to your garden for future maintenance? or the possibility of more gutters or fans hanging over your land. The scaffolding issue you have, may still be a problem.

intheningnangnong · 16/06/2020 09:43

Our neighbour was obsessed that the boundary was not in the position we had shown on the plans - it is, but she doesn't like that fact. However the planning team would not get involved. The party wall people would not get involved. We had threats and rude emails, but as she was totally wrong we are building as per our permission.

PhoneLock · 16/06/2020 10:11

This thread makes me realise how lucky we are with our neighbours. Scaffolding, foundations, access to build; no problem. Overhanging gutters; no problem.

We did keep them all in the loop during the planning process though.

Thisismytimetoshine · 16/06/2020 10:15

Overhanging gutters; no problem.
This really should be a problem. It may well become one if they decide to sell.

PhoneLock · 16/06/2020 10:22

This really should be a problem. It may well become one if they decide to sell.

They did. No problem. Grin

Seeline · 16/06/2020 11:20

Even if they have shown plans overstepping the boundary that in itself is not a planning issue. Anyone can apply for pp, even on land they do not own !

Well that is true to some extent, but if an application includes land not owned by the applicant that should be declared as part of the application process, and the correct notices served on the person that does own the land.

Additionally, even if PP is granted, the work cannot be carried out without the permission of the land owner.

OP - if the application shows land that is not within the ownership of the applicant, definitely draw it to the attention of the Council. The plans should be amended to show the correct boundaries (as closely as possible). They have signed a declaration as part of the application form that they are the owners of all the land to which the application relates, and that would appear not to be true. Send in a copy of your deed plan.

20mum · 16/06/2020 13:35

Yes. Wot @Seeline said.

BruceAndNosh · 16/06/2020 23:06

You should make sure the planning department knows that the boundary is incorrect.
Many policies mention distance from boundary, they might get permission to build something which appears to be 3 metres from a boundary when it would not be allowed 1 meter away