Other considerations before you start work
Natural light
Natural light
Certain applications for prior approval require evidence showing all habitable rooms in a building will receive ‘adequate’ natural light. This applies to most changes of use, mixed use and new dwellinghouse applications.
What is perceived to be ‘adequate’ light is up to the judgement of the local planning authority based on the drawings provided. Some authorities may ask for a daylight assessment to be submitted.
Right to light
The right to light is a separate matter from the approval of planning permission.
Even if planning permission has been granted, a development may not be allowed to proceed if it interferes with the neighbour’s right to light. If a window opening has received uninterrupted light for 20 years, then it receives the right to light, as laid out in the Prescription Act 1832.1
To find out whether a development will encroach on the acceptable levels of light, you may need a right of light surveyor to assess the extent of the loss.
Either compensation or an injunction may be awarded by the court. As the developer or homeowner, it is your responsibility to consider the impact and risks early in the planning process. This can be achieved using a daylight or sunlight assessment and a right of light survey.
- https://www.legislation.gov.uk/ukpga/Will4/2-3/71/section/3