Rights of Light - massive impact!

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    Rights of Light - massive impact!

    Hi,

    I've recently learned of a new block of flats CONSENTED directly across from my flat (the development applicant and my Freeholder are the same Local Authority).

    1. Is there a legal right for the Planning Authority to have had to send notice to my correspondence address (which the Council would have had on file) to make me aware of the Planning Application? I received no notification and tenant claims not to have either.

    2. My light will be massively impacted by the large development. The Light Survey provided for planning purposes suggests >90%!!!! Utterly unbelievable!! Basically my flat will become like a prison cell. Does anyone have any recommendations of what to do / companies to use? I'm thinking specialist Solicitor first over Right of Light Surveyor or Assessment Company.

    Thank you

    #2
    You are naive if you think Planning Departments (in most Cities) care about having good cities, or that Local Authorities care about you. They have other priorities, and there is also the matter of money in brown paper bags.

    Your other mistake was to purchase a property owned by a Local Authority. Was it a government sell-off of a Council Home that you are now renting out?

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      #3
      There is a law about the 'right to light', I recall buildings being defined as having 'Ancient Lights' so as to stop new buildings robbing their light.
      Have a search on Google to see what you can find.

      I remember my grand parents’ house having notices on it declaring it had Ancient Lights and a development next door was built further back on the plot to avoid their windows.

      Just found these words,

      "Ancient lights, in English property law, the right of a building or house owner to the light received from and through his windows. Windows used for light by an owner for 20 years or more could not be obstructed by the erection of an edifice or by any other act by an adjacent landowner. This rule of law originated in England in 1663, based on the theory that a landowner acquired an to the light by virtue of his use of the windows for that purpose for the statutory length of time."

      I think you need to talk to a specialist lawyer.

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        #4
        You need to consult a specialist rights of light surveyor in the first instance rather than a lawyer.

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          #5
          If consent has been granted I would imagine it's too late now.
          LA are only obliged to put up notice of consultation but generally write to neighbouring addresses as a courtesy for large developments

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