Right to Light?

Tim Robbins

I am trying to help my mother with a planning objection - big building going in behind her house. So I am trying to figure out if anyone has any right to light in Ireland anymore? I have been googling and most people think you have absolutely none but found this reference:

http://treecouncil.ie/tree-advice/trees-law/

which states:

A tree outside my house blocks the light in my garden, do I have a right to light?

Right to light is a specific and complex legal matter and you should seek independent advice on this. A right to light exists only if the owner of a house can satisfy a court that he or she has enjoyed the uninterrupted use of that light for a period of greater than 20 years, before any legal action is brought about the light. This however, only applies to the windows of a property and not to a garden.

Can anyone provide anymore?

Thanks

db

If it's important enough to you contact a planning consultant who will be able to advise you on all aspects, including some you may not think of yourself.

Pat Mustard

Tim Robbins wrote: »

Can anyone provide anymore?

Thanks

A right to light is a type of right called an easement. Easements incorporate rights of way, wayleaves, etc.

Easements may be acquired in a number of different ways, such as by the execution of a deed of grant of easement. However, I have never heard of a deed of grant for a right to light. In any event, I assume that we are talking about the acquisition of an easement by prescription (long use).

The law surrounding easements in Ireland was clarified in the Land and Conveyancing Act 2009. S.35 of that act, states that easements by prescription can only exist if there is a court order to that effect. Therefore, in the absence of such a court order, it would appear that there is not enough to say that an easement by prescription actually exists.

The law was further amended to allow land registry applications for the registration of easements by prescription so that is now a cheaper alternative to court. Could take a while though.

Part 8 of the 2009 Act has amended the period of time for acquisition of easements by prescription to 12 years. However, it is worth paying attention to the window(s) of opportunity for acquiring rights by prescription, which are limited by the said Act.

I doubt that the planning authority would get involved in a detailed analysis of whether a right to light exists or not so I wonder about whether you need to know all or any of this.

Tim Robbins

db wrote: »

If it's important enough to you contact a planning consultant who will be able to advise you on all aspects, including some you may not think of yourself.

Any suggestions?

Tim Robbins

Pat Mustard wrote: »

I doubt that the planning authority would get involved in a detailed analysis of whether a right to light exists or not so I wonder about whether you need to know all or any of this.

There is a 10 Metre building going in right beside her garden wall and she will lose a substantial amount of light in her south facing garden she has had for 40+ years.

mayopanda84

The North Stand in the Aviva stadium wasnt allowed go up a second Tier, as the residents complained that it would stop sunlight entering their gardens, and the residents won. so i would look into that case as an example

Victor

Tim Robbins wrote: »

I am trying to help my mother with a planning objection - big building going in behind her house.

You could additional phrase this as a matter of proportions, e.g. putting a 6-storey building in the middle of a terrace of 2-storey houses would be incongruous.

Pat Mustard

Tim Robbins wrote: »

There is a 10 Metre building going in right beside her garden wall and she will lose a substantial amount of light in her south facing garden she has had for 40+ years.

I wasn't trying to imply that you didn't have a good point in relation to a proposed planning submission in this regard.

db

Tim Robbins wrote: »

Any suggestions?

From your location I'm guessing this refers to Dublin. Some of the guys in the Construction & Planning forum are very knowledgeable in this area, including some planners, so that is where I would ask. Maybe the mods here could move the thread over for you.

The planners in the local authority where the development is proposed will make any decision based on planning law so any objection you make will need to point out the specific planning laws you feel are breached by the proposal. You can make a submission yourself but as I say above if you are really serious about this you will talk to a planning consultant and perhaps get them to make the submission on your behalf.

Tim Robbins

Pat Mustard wrote: »

I wasn't trying to imply that you didn't have a good point in relation to a proposed planning submission in this regard.

Sure - appreciate that.

Tim Robbins

db wrote: »

From your location I'm guessing this refers to Dublin. Some of the guys in the Construction & Planning forum are very knowledgeable in this area, including some planners, so that is where I would ask. Maybe the mods here could move the thread over for you.

Mods - should this thread be moved?

Pat Mustard

Tim Robbins wrote: »

Mods - should this thread be moved?

Up to yourself. Let me know, by PM preferably (rather than on thread).

EDIT: moved to the Construction and Planning forum at user request.

Gumbo

There's a 45 degree BRE light calculation.
Not sure if that would help in your situation though.

http://www.right-of-light.co.uk/resources/factsheet-1/

I got an FI request recently for the 45 degree test on a domestic extension.

Tim Robbins

kceire wrote: »

There's a 45 degree BRE light calculation.
Not sure if that would help in your situation though.

http://www.right-of-light.co.uk/resources/factsheet-1/

I got an FI request recently for the 45 degree test on a domestic extension.

Interesting. But is that applicable in Ireland?

Gumbo

Tim Robbins wrote: »

Interesting. But is that applicable in Ireland?

Yes. We operate many of the BRE guidelines.
I recently had to demonstrate a domestic extension in clonshaugh wouldn't effect the adjoining property and the planners specifically said it had to comply with the BRE test.