Neighbours new conservatory nightmare...

[supermoocow]

Hello I don't know if anyone can help...

We live in a semi-detached house and our adjoining neighbour has just informed me that they are planning on building a conservatory next to our boundary. The conservatory will be only 0.5m from our dining room window and will extend out 4m. This will reduce light into our dining room and we will no longer get sunshine into our dining room or patio until about 15:30 rather than 11:00 which we enjoy at present.

The conservatory will not be large enough to require planning permission and the neighbour has also requested that the short hedge used as a boundary be removed and replaced as a fence or the hedge will be cut back to the boundary which will most probably kill it. The conservatory will be built upon the boundary of the property which we are responsible for fencing etc.

Do we have any rights, what can we do to try to either stop or reduce the amount of light loss from the conservatory?

The layout of the plans are as follows:

Sun location at 15:00 *

Sun location at 11:00

*

Neighbour Mine

| | | | | | | | | | | | | | | |

------ | | | H | |------------------------|------- Toilet | | | E | | Patio | Toilet / | | | D | | | / Ulils | | | G | | | Utils ----|Patio Doors|---- E - ----|Win |Door|Win |---

Lounge Dining Room

The Toilet/utils is 3.2m high where attached to building, 2.35m high at other end. Hedge is 4.5 m long and 1.4m high Window ledge in my dining room is 1.2m from floor and window is 1.3m high. Door window section is 2m long. The dining room window is 0.25m from boundary and 0.55m wide

The proposed conservatory is to be 0.2m from boundary. It is to extend 4m into garden and be 3.2m high at connection to existing building. It is to be 2.35m high at furthest extension. The conservatory will extend across diagonally to the edge of the existing toilet/util building.

We really do not want to fall out with our neighbours, however we are aghast at living in near perpetual shadow.

Any help will be greatly appreciated.

[Here Kitty Kitty]

IANAL. In previous similar discussions on this group it was stated that you have no 'right' to sunlight access.

[David W.E. Roberts]

Don't know if this is common across the UK, but we were walking recently in Derbyshire and saw a planning notice outside a house which included words from the local council to the effect that "loss of light or reduction in property value (plus a few other things) are not considered grounds for objection".

So, especially as they don't require planning permission anyway, you may not have much comeback.

Dave R

P.S. is it an ancient hedge? Tne council tree officer may be interested.

[Arthur]

It's worth checking this with the council - if there hase every been any other extensions to the house (front porch, etc) these must be included in the permitted total increase.

If they build directly on the boundary, that becomes the 'fence'. Why should you build another fence on your side of it for their benefit? I would tell them that you have no plans to replace the hedge if they destroy it - unless there is a fence specified in a covenant (unlikely if you currently have a hedge). They will consequently have *no privacy* inside their conservatory. Perhaps that corner of your garden would be a good location for a compost heap, or a children's play area?

Afraid not.

- Arthur

[Harry the Horse]

Make it clear that you object to the conservatory and that you will consider yourself in dispute with them should it go ahead. That'll knock more than the value of the conservatory off the value of their house (and yours also) but if they are planning to move first, they are the ones who'll suffer most.

[Roger Mills]

In the DETR booklet "Planning - A Guide for Householders" it says: "If the work you carry out seriously overshadows a neighbour's window and that window has been there for 20 years or more, you may be affecting his or her 'right to light' and you could be open to legal action."

If this applies to you, it may be worth having a word with your local Planning Department - despite what others have said about right to light.

In cases where planning permission *is* required, there seems to be a 45 degree rule whereby, when looking out at an angle of 45 degrees from the windows of neighbouring properties, your extension shouldn't be visible. Clearly, this one would be!

Roger

[DaveK]

Friends are having the front of their bungalow extended. Have been refused planning permission to go beyond the building line of other properties in the road. In fact the row of properties is staggered so that each one is slightly back from the other. My understanding is that you have no rights to a view, or to light but the planning people said it would change the appearance of the area and the other residents should not have their view interrupted. My neighbour recently had a conservatory built. The side wall - of brick, is just inside his boundary but he says I can use it to build on if I wish. Maybe you could do the same. DaveK.

[spacey]

[news individual]

You should check this out with your local planning office. Since July 02 conservatories have come within the ambit of building regs; there may also be planning issues. You are likely to find that if you are directly overlooked.by a conservatory, planning will stipulate they have obscure glass to maintain your privacy. I also seem to recall that building within

1m of a boundary is generally a planning no no.

Jools

[Snowman]

Any idea whether the rules about "obscure glass" can be found anywhere on the net? We have some neighbours who have put up a conservatory close to the boundary and they've got clear glass and no blinds or curtains.

Peter.

[Martin]

"> Any idea whether the rules about "obscure glass" can be found anywhere on

My neighbour said in his application that he would have obscured glass installed for his conservatory but when I noticed the installers using clear glass they said they hadn't been told to use obscured glass.

I got on to planning and it appears my neighbour was "hard up" and couldn't afford the more expensive obscured glass. After several months he eventually purchased some roll of opaque material to put over the glass.

In your case I suspect it depends on how close to you the conservatory has been built. I have had a table at the same position in the living room for

20 years and from my seat the only view I get is their conservatory !

Martin

[Lakeuk]

Don't let them build on the boundary as you may find an overlap lie with guttering, keep the hedge where it is, if they cut it back it'll still grow and if they have any sense they'll leave enough space to give them access to continue cutting the hedge in future years.

Dave

[Churm]

No point talking to planning dept - it's nothing to do with them. And the

45 degree 'rule' is merely a rule of thumb (not law) used by *some* councils to assess effect on light. Its based on BRE guidelines, but has no statutory basis whatsoever. The OP has no comeback through the council, basically. Register a dispute.

[Daytona]

Try the Neighbours From Hell and Garden Law websites/forums. Links on my webpage

-

[Terry]

I recall something about "Ancient lights'. Any application in this case? Also try uk.legal

[R. Mark Clayton]

You may have an ancient light right from the dining room, but not the patio.

21 years and various angles etc.

It may not be large enough to require PP, but it is too near the boundary to be a Generally Permitted Development, so tell him and your local planning authority. He probably requires planning permission, OTOH he may get it anyway.

He can do this anyway.

Says who - your deeds?

Get him to put in a glass wall on your side.

[Dave Plowman]

Give them a flash, then.

[BigWallop]

That's were a big hairy Arse'nal fan would come in handy. :-))

[tarquinlinbin]

Have you considered holding parties in your garden?

[Andy Hall]

Are you certain about that?? From reading both the Statutory Instruments and other information on the ODPM web site, there is an exemption with respect to Building Regulations for conservatories of up to 30m^2, although there is a requirement for glazing to comply with Part N.

There has been consultation etc. on this, but AFAICS nothing enacted in law at this point.

By Planning? I think that this is the job of Building Control....... if they were involved in the first place.

Why? .andy

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