Right to light a real thing?

walkingshadow · 13-09-2015 3:54pm #1

I live in a mid terrace house. A few years ago my neighbour built a two-storey flat roof rear extension. I now wish to build a rear two storey flat roof extension that projects into my rear garden beyond my neighbors extension by about 3m. I called over to him to show him the plans my engineer did for me, and he completely flipped out saying that since my extension would extend into the garden beyond his, I would be affecting light into his rear windows. He said there is no way I will get planning because he has a "right to light under the planning laws" and my application will be shot down. Is there really such a thing?(By the way, his extension doesn't have any side windows that face my property, only windows on the rear face of his extension)

sydthebeat · 13-09-2015 4:11pm

http://www.lawsociety.ie/Documents/Gazette/Gazette%202014/Jan-Feb2014.pdf

see page 31 onwards

right to light is a legal right, not a planning law, though planners do take over shading into account when deliberating on an application.

BryanF · 13-09-2015 4:15pm

What did your engineer say ?

Is your extension at 1st floor greater than 1m from his boundary?

I fail to see an objection being upheld based on a right to light by the planning authority on its own.

however if the neighbour argued your extension went beyond the 'precedent' setting extension line /size in the immediate neighbourhood...

What direction is the rear extension facing? And which side are your neighbours? Has your eng suggested a sun path study ?

walkingshadow · 13-09-2015 4:22pm

The first floor extension practically abuts his extension (its a mid-terrace house, its not possible for any of the first floor extensions that have been erected to have been 1m from the neighbours) If my first floor extension was 1m from both my adjoining neighbours it would only be 2.5m wide!

mickdw · 13-09-2015 4:30pm

Surely you can work on a design that will work around these issues.
It does sound reasonable that a 2 Storey block going past his rear wall might create alot of shadow onto his property.
There should be numerous ways of reducing any effects on him without losing out too much in terms of space.
The question needs to be asked though - Did his previous extension not have a similar impact on your property

BryanF · 13-09-2015 5:02pm

BryanF wrote: »

What direction is the rear extension facing? And which side are your neighbours? Has your eng suggested a sun path study ?

tell us more about your extension?

Angry bird · 13-09-2015 5:46pm

Would the extension unduly overshadow and is there a common rear building line for extensions?

walkingshadow · 14-09-2015 10:47am

Spoke to my engineer and we have agreed to pull back the first floor extended element so that it would stick just 900mm proud of the existing wall face. Surely this would suffice?

Dardania · 14-09-2015 10:57am

walkingshadow wrote: »

Spoke to my engineer and we have agreed to pull back the first floor extended element so that it would stick just 900mm proud of the existing wall face. Surely this would suffice?

Only your neighbour can judge that. WIth 900mm proud - will it block sunlight at any time e.g. in winter?

Angry bird · 14-09-2015 10:59am

Sounds like a reasonable attempt to keep the neighbour happy. But that's a different question as to what would get planning. Right to light is a grey area, one is entitled to light but not 100 percent of it. For me the real question is to what extent would your extension additionallly overshadow rear gardens and windows on either side of you, morning, noon and evening in summer and winter?

BryanF · 14-09-2015 11:00am

walkingshadow wrote: »

Spoke to my engineer and we have agreed to pull back the first floor extended element so that it would stick just 900mm proud of the existing wall face. Surely this would suffice?

Can you tell us the orientation of you & your neighbours so we can answer your question please.

walkingshadow · 14-09-2015 11:04am

The front of our terrace houses faces directly north, rear yard facing south.

Angry bird · 14-09-2015 11:35am

What distance does the two storey bit go back from your existing house?

mickdw · 14-09-2015 11:36am

walkingshadow wrote: »

The front of our terrace houses faces directly north, rear yard facing south.

And which side are you on

walkingshadow · 14-09-2015 11:51am

mickdw wrote: »

And which side are you on

Im a mid terrace house, my front wall faces north, the rear to the south. The extension is out the back, facing south, projecting 900mm from the face of my existing rear wall.

Dardania · 14-09-2015 12:04pm

are you east or west of the neighbour e.g. will you possibly block their morning sun or evening sun?

Do they like a bar be que in the evenings? Or drinking orange juice for their mornings.

These are all genuine queries: you may have an impact on their lifestyle still, that it behooves you to be sensitive to.

My neighbour put a single storey, no planning required extension a few years ago (a year or so after we moved in) - it blocks the late evening sun for us, removing the appeal of our back garden for bar be ques. I'm not going t live in that house forever, but I know in my next house that I will pay more attention to whether I can enjoy a BBQ in the evening after work

Angry bird · 14-09-2015 12:22pm

The extension will overshadow your neighbour to the west in the morning and in the evening it will overshadow your neighbour to the east. 5 metres rule of thumb for two storey extensions projecting back from main dwelling. The further back you go with the two storey the more overshadowing and the more likely a planning refusal. Also 22 metres rule of thumb separating rear upper floor windows of you and the neighbour behind or to the south in this case.

Right to light a real thing?

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