Question: Is Right To Light A Planning Issue?

Can my Neighbour block my view?

Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule.

The exception to this general rule is that someone may not deliberately and maliciously block another’s view with a structure that has no reasonable use to the owner..

There is no legislation relating to the height of trees and nothing the council can do to enforce a reduction in the height of a neighbour’s tall tree.

What are three types of objections?

The following are the most common substantive objections in mock trial:Relevance of Answer/Question.Question Lacks Foundation.Lacks Personal Knowledge/Speculation.Creation of a Material Fact.Improper Character Evidence.Lay Witness Opinion.Hearsay.Mar 4, 2017

How many objections are needed to stop a planning application?

If an application is contentious, therefore, it is well worth encouraging neighbours similarly affected to send in their own objections, so that there are the necessary three objections to ensure that the matter is considered by the Committee.

Can my Neighbours guttering overhangs my property?

It is a well established principle that you own the airspace above your land, so if your neighbour’s gutters overhang your land then they may be a trespass, even if you cannot reach them or they don’t interfere with the day to day use of your land.

Is loss of light a planning issue?

We can offer advice regarding this process and the steps to creating an effective objection. If you cannot make a loss of light or overshadowing objection to a planning application, there are other valid planning objections that may be relevant. … However, loss of view does not count as a valid planning objection.

What are valid reasons to object to planning applications?

What is a valid objection to a planning applicationLoss of light or overshadowing.Overlooking/loss of privacy.Visual amenity (but not loss of private view)Adequacy of parking/loading/turning.Highway safety.Traffic generation.Noise and disturbance resulting from use.Hazardous materials.More items…•Jun 17, 2016

What is the rule of light?

The Law of Reflection states that the angle of the incident light ray is equal to the angle of the reflected light ray. … The incident ray is the beam of light that initially strikes the mirror and the reflected ray is the beam of light that bounces off the mirror after striking the mirror.

Can my Neighbour cut the top of my hedge?

If you own the tree or hedge Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.

Can you build a garage on the boundary?

boundary (or 10m if used for agricultural purposes). on the site must not be more than 30% of the site. The maximum floor area of new garages must not be more than: • 500m² if the garage is for agricultural uses, or • 100m² if used for any other use.

What happens if a Neighbour objects to planning?

What happens if I do require planning permission? If you apply for planning permission, a letter will be sent to the adjoining neighbours and a notice will go up outside which will give the public a chance to make comments (objection or support) if they feel they are somehow affected by the proposed design.

How close to my boundary can my Neighbour build?

Single story extensions to the side of your property to be no more than four meters in height and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.

Can I ask my Neighbour to cut his trees?

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

What can I use to block my neighbors view?

Cheap Ways to Block Neighbors View – Backyard Privacy IdeasShield with outdoor screens.Erect a corrugated metal fence.Use cascading landscapes.Plant trees and shrubs.Hang your greeneries.Grow a tall hedge.Use of trellis.Hang outdoor curtains.More items…

Can a Neighbour object to permitted development?

No-one can object to an extension built under PD. Yes they can. If they don’t think the development is lawful, then they can object to that effect.

As a property owner, one can acquire a legal right to a certain amount of light. In anyones home, just over half the room should be lit by natural light. In general terms, the minimum amount of light is equivalent to the light from one candle, one foot away.

What is the 45 degree rule in planning?

Tip No.1 – Understand The 45 degree rule The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.

Can I throw my Neighbours branches back?

Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.

On what grounds can planning be rejected?

Planning permission can be denied if your build is guilty of these offenses: Your build overshadows a neighbour, causing loss of light. Your build overlooks other homes, causing loss of privacy. Your builds appearance is out of character with the existing property.

Can my Neighbour build right to my boundary?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

What is overshadowing in planning?

Overshadowing. The effect of a development or building on the amount of natural light presently enjoyed by a neighbouring property, resulting in a shadow being cast over that neighbouring property.