Basement and right to light

[Auction]

I would like to know if planning permission could be granted to build a new flat in a basement if the windows in the ground floor through which the light go into the basement through the stair have no statutory right to light because these window were inserted less than 20 years ago.

The risk is that if the windows do not have any statutory right to light the neighbours can erect a fence no higher than 2 meters around their property and block the light entering through these windows

 

[tony1851]

If applying for planning permission, the possibility that the natural light to the basement might be blocked would not figure in the council's assessment of the application.

They look at the situation as it is, not as it might become in the future; they would regard that as a civil matter between yourself and the neighbour.

 

[Auction]

Does this mean that a neighbour who wants to oppose this planning application has before the planning department takes its decision put anything in front of this window which is not higher than two meters. Then take a photograph of it and send it to the planning department saying that he opposes this planning permission because now no enough light can go through this window.

 

[tony1851]

Planning officials do not get involved in what are basically disputes between neighbours.

For example, for all the planning officer knows, the obstructing fence put up by the neighbour might be unlawful.

It may be that you are in the process of taking the neighbour to court to apply for an injunction to have the fence removed. If you won that hypothetical case, the neighbour would have to remove the obstruction. In that case, how would it look if the council had in the meantime refused your application solely on the basis of having little natural light?

The council would know that you would be in a strong position to appeal their refusal. They could then end up with having to pay costs as they would have refused an application unreasonably, by taking into account factors which are not planning matters.

 

[Auction]

The issue is how an injunction can be obtained from the court to have this fence removed if the window does not have any statutory rights to light because it has been inserted less than 20 years ago. The planning department knows the 20 years rule and also that this window was inserted not a long time ago specially that this information has been passed to it recently by this neighbour. Hence can the planning department refuses planning permission for this reason

 

[Auction]

Moreover as you say in your previous post does not the planning department has to take into account how the site is at the time the planning permission is considered and not how it will be in several months times if maybe or maybe not this fence has been removed because an injunction from the court

 

[tony1851]

The planning department knows the 20 years rule

That is not the point.

Planning officers are assumed not to know the law in these matters, and to decide an application on what they think is 'the law' is exceeding their powers.

For all they know, there may be a covenant in the deeds of your neighbours' house restricting the height or positions of fences. The planning department does not know the individual circumstances.

As an example; you might get planning permission for building a detached building in your garden. But if there are restrictive covenants in force prohibiting the construction of detached buildings, the planning permission is useless.

 

[Auction]

What difference the planning department will do between a fence in front of this window erected several years ago and a fence erected just now. The fact will be that little light enters in this basement and the question will be if the planning department will grant planning permission in this condition.

Whether or the not there is a covenant limiting the height of the fence will be a matter for the owner of this basement to prove and the planning department has nothing to do in this. Moreover it is a statutory right for an owner to erect a fence around of his property not higher than two meters

 

[tony1851]

Moreover it is a statutory right for an owner to erect a fence around of his property not higher than two meters

(No, it isn't)

So the neighbour blocks out the light to the basement, and then sends a pic to the planning department objecting to the application because there won't be sufficient light in the basement?

Clearly there is something going on between you and the planning officer will see this.

 

[cajar]

let me guess...your neighbour wants to convert his basement, and you (auction) want to put up a 2m fence in order to block light to the windows to oppose the application? getting warmer?

 

[Auction]

To erect a fence not higher than 2 meters is permitted development for which a planning permission is not necessary.

I have even received an email from a planning officer who visited the site sometime ago where I am advised to construct a fence or wall to shield view from this window as long as that structure complies with the permit development rights for walls and fences

 

[AronSearle]

Auction, stop being a pain the the bum. You seem to be either an extreme nimby, or the person on the other side having to deal with a nimby, either way you got your answer.

You keep asking questions, getting straight simple CORRECT answers, then wanting to eff about arguing miniature of the questions that are irrelevant, probably because you don't like the answer.

Accept the answer and move on.

 

[jeds]

It would help to know what side of the fence you are. (geddit - what side of the fence) Are you the developer, or the fencer?

 

[Auction]

After all is my garden I can put what I want in it. For example I can put a pile of boxes in front of this window or I can use a cable and hang a blanket or sheet in front of this window

 

[AronSearle]

After all is my garden I can put what I want in it. For example I can put a pile of boxes in front of this window or I can use a cable and hang a blanket or sheet in front of this window

Yes, you are completely free to be as much of an arse as you want to be.