Planning objection re loss of light, overshadowing and loss of outlook?

[BettyCrockersLocker]

My NDN have put in planning permission to add a first floor extension to an existing ground floor one.

I have concerns about loss of light to one of our bedrooms as the only window will go from looking out over the current flat roof of the ground floor extension and some of the local gardens, to looking at, and only being able to see a wall, so I feel the extension will block a significant amount of light to the room. We also have a living room window directly underneath, but also have large patio doors in that room so guessing the living room window might not be taken into account?

Their house is also a foot or so higher than ours which will block even more light (Would this fall under overshadowing?)

Our local planning portal also mentions loss of outlook, but I'm not clear what this is, as it seems to be different to loss of view which I know we can't object about. But will this mean the fact we will only be able to see a brick wall and barely any sky would be taken into consideration?

The extension is quite close. About 1.5 metres from the boundary line and 3m from our own house/the window (that's a rough estimate it might be a little less or more, I'll have to measure my side passage).

Also will planning actually take this into acct as I'm aware loss of light falls under different legislation and not planning?

I feel so awkward if we object as we like the neighbours and I don't want to upset them but the concerns re the light into the bedroom are genuine.

Oh just seen I'd have to object to loss of daylight and sunlight for it to be covered by planning?

You don't have to object, if there any issues with light or anything thing else the planners will pick it up , it's what they do.

Right to light is actually a civil issue. It's worth putting an objection in as you are using light on a habitable room. Right to light is complex, in that you may have gained this under certain circumstances, and light loss can be measured.

We looked into an extension at one point and were told by a right to light surveyor not to do it- though you can be compensated for it- as a civil objection could lead to an injunction or the court ordering it to be knocked down if severe enough (in our case, our neighbours would have lost a LOT of light to bedrooms).

Loss of sunlight/daylight is a material planning consideration (and very different to the Right to Light legislation which is not a planning consideration).

Planners will take into account a significant reduction in daylight to a window in a habitable room ie not bathroom, landing, kitchen.

Outlook is different from view as you have distinguished. A building removing your view of the coast is not considered. A building/extension positioned so that you can only see a blank wall etc will be considered.

Buildings should not dominate or overpower either.

If you have real concerns, then I would definitely object. Whilst planning officers should visit sites, they may not always notice everything. If you have raised issues they will pay special attention. It doesn't mean that the application will be refused - planners have to consider many elements and there has to be a material impact on amenity to justify a refusal.

Your bedroom window shouldn't overlook their property.

If there's a precedent on the street or are already for building a first floor and second floor extension then there's nothing you can do

It's really bloody annoying

Have a chat with the neighbours about you both mutually supporting each other for the same kind of extension.

Will add a bit to the value of your place.

It was like that when we bought it.

This is incorrect.
Every application is looked at on its own merits. There will nearly always be differences between sites and proposals which means that different factors will be given different weight.

Thanks @Seeline, that's very helpful.

@HappiDaze there is, ours and our attached neighbour lol. Our houses are set a little further back and are a little lower down than ndn's. I believe our extension was probably less of a problem when it was done as ndn don't have any windows on the side of their house, but we now do.

Could I invite planning round to look without officially objecting? If I object ndn will obviously know and I'm worried about ill feelings, although if I have no choice but to object I will have to.

You can ask the planning officer to view from your property. They don't have to though

3m from your house sounds like a lot of space. A lot of terraced houses are 3-4m wide, so you have a whole house space between you two. I don’t think you’ll be able to object, but you can try to consult for your peace of mind.

So your house benefits from a two story extension, but you don’t want your neighbour to have one? That’s gonna be pretty difficult to explain to planning.

Does it breach the 45 degree rule? https://urbanistarchitecture.co.uk/45-degree-planning-rule/

95% of new builds have a clear view into neighbouring gardens from upstairs. 75% of old builds can see into a neighbouring property. Unless you live in the sticks, you are incorrect

Do object if you are unhappy, dont expect planners to automatically pick it up they often have high wotkloads and may be inexperienced/ not fully qualified.
You can object to loss of light, overlooking, overbearing, too dominent etc mention any impact on street scence/ landscape. Look at materials and if they are sympathetic blend in. Look at the window position on proposed extension will they look into your house? You could object to a window- request obsecured glazing.
Look at your councils local plan for planning policies and see if anything proposed is contary to them if it is flag it up.
Talk to your neighbours if you can but ultimately do put your objections in writing, for example if your neighbours tell you a window will be obscure glazed dont trust this will actually be the case

Nope. Our local plan (others may differ) requires 3m of unoverlooked privacy to the rear of the curtilage from adjoining properties, taken from a 45 degree angle from any window upstairs window. Side facing windows need to have the cill at 1.4m (makes moe a pain). Windows can be obscure glazed to overcome these restrictions. And applies to habitable rooms only, not features such as stairwells.

Not really mine doesn't force them to look out a window at a wall.

I don't know im finding it very confusing. The 45 degree rule only seems to be where the extension is perpendicular to the window? Whereas our affected window is opposite.

I think the 25 degree rule may apply but this only seems to be from lower ground windows not upper? The 25 degree rule is already breached from our ground floor window imo even without the extension which is confusing.

You can tie yourself in knots but the extension will happen. Very rarely do neighbour objections stop planning.

Do you have plans to extend yours? If you did you and the neighbour could be smart and share costs.

Again, not correct.

Residential extensions are often refused PP.

Objections can also result in amendments being made to original plans to make them less harmful eg obscure glazing etc

@Seeline statistically in the UK england as an example authority's grant over 87% of applications and most of the main refusals are large sites and larger developers who keep applying and applying so it's throws out the numbers slighty.

I was simply advising as I do to most clients that the stress and drama around planning and neighbours is best to be avoided as there is a 80-90% chance it will got ahead with it without your stress.

Better to either move or get used to the idea.

@needtonamechangeagain and I was pointing out that objections can lead to amendments, and can sometimes lead to refusals. I've certainly dealt with many appeals for domestic extensions, and refused many applications myself.