conversion to residential, daylight and sunlight

[Hesel]

A neighbour to my intended planning application recently had change of use on his ground floor from commercial to residential. There was already a flat above used for residential. I was planning to apply for permission to build a house on my plot so this change could scupper my plans. The neighbour's now 'house and garden' share a common boundary with my plot at right angles (his end of small garden to my side boundary. Someone mentioned a 20-year rule applies to have certain rights. Please does anyone have any knowledge of this rule? I have tried unsuccessfully to search for it but don't really know how to phrase it.

In other words, does that neighbour have to wait 20 years to claim an established right to daylight and sunlight from a new window in their property which is now converted into a house?

 

[^woody^]

No, new windows or alterations do not automatically acquire RTL under prescription.

Further, RTL is a private easement and not a planning consideration - although planners do consider light and impact but in a different way.

RTL as a private easement is complex and rarely applies to houses or low-rise properties, so as to be significant.

 

[mrrusty]

Measuring from the centre of their habitable room window, can you keep your development under a 25 degree line? this guidance comes from the Building Research Establishment doc "Site layout planning for daylight and sunlight". If you can, I think you should read this doc and reference it in a planning application.

 

[Hesel]

No, new windows or alterations do not automatically acquire RTL under prescription.

Further, RTL is a private easement and not a planning consideration - although planners do consider light and impact but in a different way.

RTL as a private easement is complex and rarely applies to houses or low-rise properties, so as to be significant.

It wasn't 'right to light' I was asking about since I remember reading on this forum or somewhere that 'right to light' is different to 'daylight and sunlight guidance' but I do appreciate your reply. Many thanks

 

[Hesel]

Measuring from the centre of their habitable room window, can you keep your development under a 25 degree line? this guidance comes from the Building Research Establishment doc "Site layout planning for daylight and sunlight". If you can, I think you should read this doc and reference it in a planning application.

Yes, the application property is all under 25 degree line. Does the 45 degree guidance affect only adjacent properties or does it also apply to properties at right angles to each other? This is something else that I couldn't find an answer to when googled. Your response is very much appreciated, thank you very much!

 

[^woody^]

does that neighbour have to wait 20 years to claim an established right to daylight and sunlight

It wasn't 'right to light' I was asking about

What other light is there?

 

[Hesel]

What other light is there?

sorry I wasn't clear. What I meant was, in planning terms, there is no right to light, as I understand it, but there is a legal right. Whereas the 'daylight and sunlight guidance' is a planning term according to BRE, that planning officers use. Please put me right if I am mistaken. I just found this if anyone else is interested in this complicated subject ...... https://awh.co.uk/2019/11/11/rights-of-light-vs-sunlight-and-daylight-whats-the-difference/

 

[^woody^]

Yeah, I mentioned all that above.

For planning, you need to refer to your council's planning policies regarding what criteria they use how they apply it.

 

[jeds]

In other words, does that neighbour have to wait 20 years to claim an established right to daylight and sunlight from a new window in their property which is now converted into a house?

The simple answer to your specific question is that commercial or residential really makes no difference to RoL laws. The proces might be different, depending on the situation, but residential properties gain no more or less rights than commercial.