Planning permission- Loss of light?

[IsItAllOverYetPlease]

I'm considering buying a house where we would want to build on top of the garage, (or do a full double storey side extension if the garage isn't suitable to be built on). I've heard about the 45 degree rule for loss of light but I dont really understand it.

Here are two photos. the property we are interested in is on the right. Note that next door (to the left) has had a loft conversion and has a few windows on the side that would presumably be impacted by the side extension.

The garage seems to have been build right up to the boundary so the house doesn't have side access, so I expect we would want to demolish that external wall and introduce side access to mirror the access next door has.

Would you think there will be a problem with having planning approved because of next door's windows? The windows are on the north side of their property, so limited sun anyway, if that makes a difference.

Sorry these are the photos

Photos?

Ooooh I think I'd object if I was your neighbour. You'd be making their view which is probably of the street now, just a big wall in their face, would you not?

Could you convert the garage and extend it at the back instead?

Disclaimer: I've never actually heard of the rule you mentioned, so I could be talking bollocks.

Depends whether the windows serve primary accommodation or secondary. They look like landing/ bathroom windows, so less of an issue. If it is the only window to a bedroom it might be more if a problem.

Most Councils require at least 1m gap to the boundary at first floor level, some also require a step back from the front elevation too.

45 degree rule (if the Council use it - not all do) relates to extensions projecting to the rear or front of properties and the impact they might have on the outlook from windows in neighbouring properties.

You're correct about loss of light. Your architect will work within the rules

I don't think you've got a hope in hell getting that through planning.

Loss of light is a legitimate reason for objection.

Your proposing to block not just one but 4 windows as a result of the proximity between the boundaries

You might getting planing for an upper story extension but it would have to be far smaller than your proposing (at least 60% smaller I'd estimate) which would probably make the project not worthwhile.

However don't take my word for it. Council planners IME are pretty good about giving advice in situations like this regarding what they believe is like or not to get passed and making suggestions.

I'd email them the pictures and get their feedback- but tbh I'm 99% sure you've got a snowballs chance in hell in getting approval for that proposal.

Based on your pictures I think you could get planning to come out part way across the garage. However it would be more straightforward to go for a loft conversation and garage conversion.

What is being proposed us fairly standard! I really don't think that there will be a major issue with extending at first floor level, although as I said, I doubt that you could extend right to the boundary.

Just to add that @Seeline is right about the windows providing light to habitable rooms (bedroom vs stairwell) making a difference, but a big issue for you is just how many windows you're impacting.

That's a considerable loss of amenity to your neighbour regardless of the space the windows serve.

@DeRigueurMortis over 30 years in the business, I should hope I'm right 😁

You might get it through planning past their tests on daylight and sunlight but your neighbour would also be able to bring a Right to Light claim if their light is affected. This is completely separate to planning. Right to Light claims can be brought if only bathrooms, halls etc are affected. I have used a specialist consultancy to do surveys for his. Google Right to Light consulting. They'll have factsheets you can download.

www.forsters.co.uk/news/opinions/remedies-interference-right-light

See this example for damages awarded.

[quote Seeline]@DeRigueurMortis over 30 years in the business, I should hope I'm right 😁[/quote]

@NoToast

You might get it through planning past their tests on daylight and sunlight but your neighbour would also be able to bring a Right to Light claim if their light is affected. This is completely separate to planning. Right to Light claims can be brought if only bathrooms, halls etc are affected. I have used a specialist consultancy to do surveys for his. Google Right to Light consulting. They'll have factsheets you can download.

Friends did this had report done to enable planning. It cost £3k. The end result looked fine they put bathroom dressing room in the area that had to be whittled down so to speak. Roof cost more too, but more interesting design

As above - just going / been through this. it's fairly standard for semi detached houses like that albeit there's more windows. You'll probably have to demolish the garage and step in the side so there's a gap of 1m to the boundary, plus step back from the front. I think you might struggle to be allowed to build over the existing garage as it is, unless its only a small increase at 1st floor level because it would then probably be imposing etc.

Oh dear, appears I’m going against the grain here - right to light isn’t something they’re legally entitled to, actually.

We’re doing similar to what you’re proposing (adding a second storey onto the garage), however, we’re the end of the terrace and the neighbour who objected to our planning application is at a 90 degree angle to us. They’re located on an adjacent road.

Granted, our garage is at the end of their garden, so further away than yours, and our application did initially get rejected but it was passed on appeal. Planning for an extension of this nature had been granted for a property a few doors down, so there was precedent, which we argued in our appeal.

The planning officer noted on our appeal that the neighbour who objected could not legally expect a right to light.

The planning officer noted on our appeal that the neighbour who objected could not legally expect a right to light.

That is correct from a planning point of view.

There is a Right to Light under different legislation, but it depends on time scales and the amount of light lost etc