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Daylight and sunlight refer to a set of guidelines that are used by the Local Planning Authority, when considering planning applications. These are guidelines and relate only to habitable rooms. Rights of Light is an easement that any window can acquire, generally by being over 20 years old.
Planning does not consider rights of light and therefore even though a scheme may have been granted planning permission, it can still result in an infringement to a neighbouring properties right of light.
The numerical values in relation to daylight and sunlight are guidelines and there are many factors that need to be taken into consideration when reviewing the results of an analysis. As a result, it is not necessary that these are achieved in all instances.
If the works require Notice to be served, then it is recommended that these are served at least 3 months prior to them being undertaken, although the minimum is 2 months for works to a party wall and one month in relation to excavations.
The Party Wall etc Act 1996 is an enabling Act to facilitate works, whilst ensuring appropriate protection is provided. If Notices are required, provided that the Act is complied with, the works cannot be prevented.
On average, we are able to undertake the required analysis and prepare the report within 2-3 weeks from instruction. It does however depend on the complexity of the project and the number of neighbouring properties that need to be assessed. We do advise of a turnaround time within our fee quotations.
If it is considered that your light will be affected by a development, then we can write to the developer advising them of your concern and you are not prepared to accept this.
We do not have a standard fee; we consider each individual project by reviewing the proposals for the site and the specific requirements. Our fee quotations are based on competitive hourly rates.