paganus Posted February 13, 2016 Report Share Posted February 13, 2016 I have contacted a surveyor but wanted to find out if anyone on here knew about planning and this right to light act so I have a bit of info before Monday Basically council have granted me planning permission for a two storey extension anyway my neighbours opposed it on the ground it would cut light out in their bedroom which obviously is where everyone spends their whole day. It was passed anyway but they are now saying because of the right to light act they are instructing a solicitor, they will fight me building it. My question is if I pay for a surveyor to come out and look at the situation make a desicion one way or the other re right to light, if it goes in my favour can they continue to appeal and try and throw injunctions my way even years down the line as I have read if it goes their way at some point they can tear it down which is why I want it resolved now. They do have a single storey extension which we would be building in line with then up. I'm only doing this to put a bit more value on the house (working my way toward that house with land!!)it's not like I want to live here forever so I'm not interested in chucking thousands at it if the legal dispute won't be resolved and could cause problems when I want to sell, I have tried to be reasonable and keep them informed throughout Thanks Quote Link to comment Share on other sites More sharing options...
ph5172 Posted February 13, 2016 Report Share Posted February 13, 2016 Can you not offer to install a sky light - but this offer may then infer that you recognise there may be an issue? Quote Link to comment Share on other sites More sharing options...
figgy Posted February 13, 2016 Report Share Posted February 13, 2016 (edited) You could say you will render the wall in white that will face them to reflect more light towards them. Don't think a surveyor is the professional you need to speak to about this. Is there nothing online out lining what right to light regulations are. After a quick read online your best to consult a right to light specialist. Looks like a minefield to be honest, have you checked the 45 degree rule. Draw an imaginary line from their window up and across the boundary and if it don't touch your proposed development they have less of a claim. This don't seem foolproof either as a court could still find in their favour. Best of luck Edited February 13, 2016 by figgy Quote Link to comment Share on other sites More sharing options...
bobt Posted February 13, 2016 Report Share Posted February 13, 2016 http://www.rics.org/uk/knowledge/consumer-guides/rights-to-light/ straight forwards enough. Quote Link to comment Share on other sites More sharing options...
wymberley Posted February 13, 2016 Report Share Posted February 13, 2016 Why spend your money on a surveyor? Surely, your neighbours are not going to be fighting you for building it, but the council for approving your application and thus giving you the right to do so. Won't they have to pursue an action in order to get the building consent overturned? Quote Link to comment Share on other sites More sharing options...
remmy1100 Posted February 13, 2016 Report Share Posted February 13, 2016 let them get on with it once they realize what it will cost them to fight it and the possibility they'll lose they may just go find something else to moan about, the council have obviously looked at everything and made there decision theyll no all about right to light ect Quote Link to comment Share on other sites More sharing options...
panoma1 Posted February 13, 2016 Report Share Posted February 13, 2016 Yep! council have granted your application for planning permission, your neighbour has had their objections considered by the planning committee and rejected..................so you have secured permission........build away! Quote Link to comment Share on other sites More sharing options...
scobydog Posted February 13, 2016 Report Share Posted February 13, 2016 Where are you living Paganus , some authorities don't recognise the R T L act , Stockport council abolished it in this area in 2002, they look at the plans and decide if they will affect the neighbours if they believe they don't you can just crack on with the build. We built an extension on the back of my old terraced house, the people next door objected using the R T L argument the planning dept put them straight and we just got on with it. Didn't like them anyway and they only objected out of jealousy I later found out, neighbours who needs them. S Quote Link to comment Share on other sites More sharing options...
guest1957 Posted February 13, 2016 Report Share Posted February 13, 2016 There's a lot of bad advice in this thread already. Rights of light and planning permission are two separate matters. The surveyor being referred to I imagine is a specialist rights of light surveyor. Quote Link to comment Share on other sites More sharing options...
fortune Posted February 13, 2016 Report Share Posted February 13, 2016 We ran foul of the 45°rule when we built a conservatory on the back of the house. Not in regards to the height but to do with the length. It seems like you can't built out past the 45° line from the other property. We even took the decision to an independent appeal and we lost out and had to redesign. The next thing was the party walls act ( read this BEFORE YOU START WORK) in regard to footing trenches and the 45° rule. Then the RSPCA!!The neighbouring put in a complaint that we were entrapping wild birds with or building work (false claim). Then the neighbour got into their insurance company and said that we had caused damage to their property by our building work. All of this caused a lot of legal expense and a complete break in relations with the neighbour who we have lived next to for many years in friendship. We will never have anything to do with them ever again and if they were laying out in the snow or rain that is where they will remain. That's how bitter it got. And that was only over a single story conservatory out back of the house. I think that there is a six year period where they can claim that you are still liable. Read that party walls act before you start digging or doing any work. Quote Link to comment Share on other sites More sharing options...
Bobba Posted February 13, 2016 Report Share Posted February 13, 2016 There's a lot of bad advice in this thread already. Rights of light and planning permission are two separate matters. The surveyor being referred to I imagine is a specialist rights of light surveyor. Agreed. What the planners effectively say is that if you can build it then what you propose meets their requirements. The crux of the issue being , if you can build it. And that is none of their concern. As an illustration of some of the 'can you build ' problems you may meet along the way. Our ex neighbours proposed an extension. We objected. Not only was it a monument to bad taste which would tower over our property - we live down hill. He was a bullying ***hole with no sense of compromise. We convinced the planners on certain design changes. Based on this experience you are wise to appoint a surveyor. We did and he managed matters in the Party Wall Act which needed to be resolved eg proximity of footings to the line of junction and our property; avoiding oversailing if any guttering overhangs onto their land; no scaffolding on our property to facilitate their build. They tried to use the Access to Neighbouring Land Act - this didn't wash. The area we tried to explore was the 'Right to light' but we didn't pursue this as the properties are side by side and none of our main rooms were effected. Good luck with the way ahead. Quote Link to comment Share on other sites More sharing options...
bullet1747 Posted February 13, 2016 Report Share Posted February 13, 2016 Had the same problem they also tried saying they had no privercy if it was built, council passed the planning so i built it jelous thats all, job done they then had planning for there bungalow roof to be raised i never appoused and even let them put scaffold up in my garden ,just built it you have permission Quote Link to comment Share on other sites More sharing options...
paganus Posted February 13, 2016 Author Report Share Posted February 13, 2016 Hi thanks for all the replies, that's the thing our properties are side by side and they have a single storey extension sun rises at front of house sets at the back, my local council is Suffolk and they came out to look apparently as they had opposed but said their reason wasn't good enough. It is a right to light specialist I'm thinking of getting out to look, they have a single storey extension which mine would basically be next to we even stepped it in at planning stage to keep it from their property when they raised concerns initially, plus I took down my hedges and put up a fence as a gesture of goodwill as they didn't like them so they have more light than ever now it's just their bedroom which may or may not be affected. The funny thing is they were all sweetness and light saying didn't want to fall out when they thought I wouldn't get planning, now it's daggers at dawn. I would move but financially this is my best option at the moment unfortunately it could possibly come down to jealousy they see two land rovers on the drive think you must be rolling in it, little do they know I need two so when one breaks I have a spare lol Quote Link to comment Share on other sites More sharing options...
fortune Posted February 13, 2016 Report Share Posted February 13, 2016 As I previously wrote beware of the party walls act. If you are close to them and are going to dig a foundation trench that is parallel to their walls and it goes deeper than that of a 45°line be very aware that if there is a shift of ground and THEY get cracks and movement in their building and you haven't complied with the party walls act then you could be responsible for some horrendous building and repair costs and your insurance company won't want to know about it. I think that this extends to about six years after the event. Build it but take advise from proffesionals. Get it all in writing and take no shortcuts to save a few quid. Quote Link to comment Share on other sites More sharing options...
millrace Posted February 13, 2016 Report Share Posted February 13, 2016 Ask for a condition survey of their property to be carried out before you start,this will note all cracks damage etc then if they try a claim the condition is already in black and white, if they refuse inform you wont be resposible.......makes their case virtually impossible to win all done thru professional surveyor not you....... Quote Link to comment Share on other sites More sharing options...
paganus Posted February 13, 2016 Author Report Share Posted February 13, 2016 I hadn't even thought about the ground shift, will definitely have to have a word with builder and get a survey done on their property, my worry is that if they fail on right to light out of pure spite fullness they will claim on something else and this is my main worry as I want the house to be saleable after extension and I certainly don't want to be responsible for any bills. I will take advice on board and I'm going to have to write up a list of surveys etc that will need doing before a spade even goes in the ground. It's funny you assume once you have planning the hard bit is done seems not Quote Link to comment Share on other sites More sharing options...
Davie_M Posted February 13, 2016 Report Share Posted February 13, 2016 take pictures of any neighbors walls before you start digging so anything that is already there is documented Quote Link to comment Share on other sites More sharing options...
fortune Posted February 14, 2016 Report Share Posted February 14, 2016 You wrote >> "The funny thing is they were all sweetness and light saying didn't want to fall out when they thought I wouldn't get planning, now it's daggers at dawn". That's how it was with us and it got very nasty. We even got the walls built and they found a minor drawing error in the application drawing and that caused a big hangup whilst it was sorted. Take a zillion pictures of the job as you go along and over their side as well. Think of every aspect and check it out twice. Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 14, 2016 Report Share Posted February 14, 2016 There's a lot of bad advice in this thread already. Rights of light and planning permission are two separate matters. The surveyor being referred to I imagine is a specialist rights of light surveyor. This. I have just wrapped up a case having acted on the other side and successfully obtained an injunction. I have the number for 2 rights to light specialist surveyors if you want them. If you take anything from this thread, one, go and seek proper advice and two, 'planning' and rights to light are completely separate issues and the planning process does not take account of or settle issues of 'light'. Quote Link to comment Share on other sites More sharing options...
paganus Posted February 14, 2016 Author Report Share Posted February 14, 2016 I will definitely seek professional advice Monday, was just trying to get a bit more of an idea about the issue beforehand, if you do have those numbers mungler would appreciate them, just out of interest ball park figure what can you expect to pay for a right to light survey and now you have had this done can either party fight it or is it legally binding that's it end of, as I don't particularly want them to be able to keep giving me grief. I will take a load of pictures and will instruct a surveyor, it's annoying as it just means more coming out of my build budget but there we go. Quote Link to comment Share on other sites More sharing options...
Bleeh Posted February 14, 2016 Report Share Posted February 14, 2016 Opinions of paid experts > People on the internet. Quote Link to comment Share on other sites More sharing options...
hodge911 Posted February 14, 2016 Report Share Posted February 14, 2016 (edited) http://www.telegraph.co.uk/news/politics/9878486/Right-to-light-under-threat-in-planning-law-shake- up.html https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/391683/44872_HC_796_Law_Commission_356_WEB.pdf hope these may give some info Edited February 14, 2016 by hodge911 Quote Link to comment Share on other sites More sharing options...
ph5172 Posted February 14, 2016 Report Share Posted February 14, 2016 This. I have just wrapped up a case having acted on the other side and successfully obtained an injunction. I have the number for 2 rights to light specialist surveyors if you want them. If you take anything from this thread, one, go and seek proper advice and two, 'planning' and rights to light are completely separate issues and the planning process does not take account of or settle issues of 'light'. If you take anything away from this thread let it be this bit of advice Quote Link to comment Share on other sites More sharing options...
fortune Posted February 14, 2016 Report Share Posted February 14, 2016 When I went to consult with the solicitor I took my laptop with lots of pictures of the site starting from the road out front and all the way thorough every aspect so that it was like a site visit in his office. The solicitor said that it was a good idea and that a picture was worth a thousand words. The neighbours won't want to spend a fortune on legal fees but if they can get their house insurers involved for some sort of damage like ground movement possibility and damage caused by non compliance then you have got a real headache Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 14, 2016 Report Share Posted February 14, 2016 Planning, the party wall act and right to light are all very different issues and subjects. Do not under estimate being wrong - the case I was recently involved in (which went on for 2 years with aggregate legal costs of just under £200k) we took on on a contingency i.e. in the event of being right. The other side were just plain wrong (and badly advised) throughout. Indeed, we went through 3 experts (we actually ran out of right to light experts, because they are quite thin on the ground) because the other side kept refusing to accept the expert's findings. Whilst expert shopping is frowned on by the courts, if you are stubborn and have lots of money you can still give it a go. I digress. The last expert came down from Newcastle - he wasn't too outrageous on the money either, I'll dig his number out. Quote Link to comment Share on other sites More sharing options...
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