Blind child and Neighbour extension that impacts light

[AdamDob]

Hello, I’m wondering / hoping someone might be able to help.

I have a pretty much blind child, she has some residual light / dark sensitivity but no useful sight. A few years ago we had some extra windows put into our living room to add extra natural light to one end as it was very dark, and she really did not like being in there. Since then, she’s been much much better and can navigate around , in and out, and happy using the whole space. I might add it’s quite a long room at about 8 metres, and the end of the room has 4meter wide glass doors. Even with those , the far end is very dark and much improved with the extra windows.

Our neighbours want to build a two storey extension that will come pretty much to the boundary. I’ve found some loose ‘regulations’ that seem to be more like talking points around the 25degree upward angle and 45 degree sideways angle, which don’t seem reason to refuse an application even this I think would fail on both counts. I can’t find anything that links these to a visually impaired / blind persons use of the space.

I also can’t prove the benefit of these additional windows to our daughters ability to navigate, and neither can we realistically prove any material implication of the proposed extension. I mean how can we know, for sure, until it’s actually built ?

We have discussed and they are pretty set on their plans, but accept the plans may be blocked if 'a professional determines it's not appropriate' or something like that.

Does anyone have any ideas / precedent / regulations that might be helpful ??

Thanks in advance ,

 

Adam

[DevilDamo]

The determination of applications will amongst other things take into account the outlook, privacy and daylight imposed on neighbouring properties, in particular primary windows serving habitable rooms. With dual aspect rooms and those windows that are considered secondary, the regulations will be slightly relaxed.

 

Planning approvals stay with the property and not the person so I’m afraid no ‘special circumstances’ would be considered in your situation.

 

The only thing you can do is express your concerns to the LPA formally be either commenting or objecting.

[Onoff]

I imagine that a professional, medical opinion ref the benefit of the current unimpeded light situation might help your case? Maybe run it by the RNIB?

 

Could you perhaps improve the artificial light situation in the room? There are "daylight" bulbs available. Maybe have them on an occupancy switch so they come on automatically. 

[Temp]

If the windows were new a few years ago then they won't (even) be covered by the Right To Light legislation. That requires 20 years to kick in.

 

I would start by objecting on the grounds that "a two storey side extension would represent over development, be overbearing and have unacceptable impact on the amenity value of the adjoining property."

 

The best I can come up with in relation to your child is an objection on the grounds that the National Planning Policy Framework requires planners to enact policies that ensure there are enough houses in the area suitable for people with disabilities and that as there aren't enough houses adapted for partially sighted people they should not allow development that reduces the number.  Personally I doubt that will wash with the planners but you never know how a committee will react.  

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810197/NPPF_Feb_2019_revised.pdf

 

Quote

 

61: Within this context, the size, type and tenure of housing needed for different groups in the community should be assessed and reflected in planning policies (including, but not limited to, those who require affordable housing, families with children, older people, students, people with disabilities, service families, travellers25, people who rent their homes and people wishing to commission or build their own homes26).
 

 

 

Keep an eye on the agenda for the planning committee and the status of the planning application online. If it goes to committee you (or your child?) might be allowed a few mins to speak against the application. You should write and ask the chairman of the planning in advance of the meeting.

Edited August 23, 2020 by Temp

[Bozza]

Hi Adam,

 

When I was searching for a building plot I came across a lot of plots where locals had objected to the PP.   in their objections they often listed numerous weird & wonderful reasons for objecting.  It was quite obvious they they just didn’t want a house next door or like the applicant, and knowing that wasn’t a legitimate reason to object they started listing loads of questionable reasons.  “I saw a rare squirrel once” etc etc etc.

 

It sounds like you don’t have a problem with the neighbours extension other than the natural light issue impacting your daughters condition.   Assuming you have access to relevant vision professionals I would go down the route of getting some form of report explaining how the reduced natural light would impact upon your daughter Eg her development confidence or whatever (sorry for my ignorance but whatever is relevant) and why artificial light is not a suitable alternative to natural light.  Better than coming from the opinion of yourself, even though you would know What’s best, but it’s just if it’s impartial it’s more credible to authorities.  I would use that independent evidence in your objection and approach it along the lines of you would have no objection if the extension was made of pure glass etc that wouldn’t impact upon natural light.  basically saying look I’m the good guy in all this with a legit objection, I’m not a NIMBY.
 

I’m sure there would some way of calculating the volume of light loss but suspect that may be an expensive survey of some sorts   A bit out there, but could you rig up a dark sheet between poles to imitate the building and have before / after shots.  Or photos of your child playing in a light or dark space.   In criminal law they call it strands of evidence.  The more strands the stronger the rope / case.

 

 

 

 

 

 

 

[Ferdinand]

I'm going to take a different view here. Partly because I believe most of it, but also to argue devil's advocate to help you think about your case.

 

(Aside: take some readings with a suitable light meter now - so you at least know what levels should be OK for your daughter).

 

I think that some planning measures apply to *main* windows, which may limit the case you can make to planning. 

 

If you consider the current amount of light you get through the side windows to be adequate, then you can probably wholly mitigate the impact of this extension with things under your control ie you may not need to be quite so concerned about the extension. I am making that assumption because there are things currently reducing the light level that you can address but have not done so. That you have not maximised existing potential will make it harder to argue that loss of light from the extension is a material threat.

 

From what we have, I would suggest these are:

 

1 - That huge hedge which looks to be 9ft high and very long. If that is part yours you can remove it or reduce the height to say 1.5 or 2m.

2 - The glazing bars and surround-frame in those windows take up about 40% of the area. By putting in single panes and mirrors in the reveals and different non-blocking blinds you could probably nearly double the amount of light coming in.

3 - That bike shed is a blockage to some light - albeit minor.  

4 - You seem to have about 15% of the windows blocked with a solid blind - surely these should be above the opening for max benefit?

 

If your N argues from the current position, the impact of the extension will be reduced because these blockages exist now. That smaller impact is in your neighbour's favour, and I would argue from his side that it is obvious that D does not need more light in the room because you have had the capability to provide it for X years and have voluntarily chosen not to do so. I would then say that since no one knows what the benefit of those mitigations would be but it is probably far more than any conceivable impact of my extension, it is absurd to restrict my extension since you have not done the maximum under your control. I would say that has an 70-80% chance of winning the argument with the planners.

 

If I was being sharp-clawed, I would add that the priority in your design of your windows was obviously not to maximise light coming in (glazing bars etc rather than a single clear pane), so why the sudden fuss now?

 

I would put the cost of changing the inner frames of those windows to be a single pane design to be about £300-400 the pair, which is eg less than a report will cost.

 

I think for you you need to decide whether you actually need his extension restricted if you do the changes under your control, or whether you are better to eg modify the windows and trim the hedge, and have a dialogue about minor adjustments they can make which will give you a push to get more light.

 

I would be looking at things like asking him to make sure that any side windows he has do not look into yours so that you can have clear glass (ie make sure they are not lined up), to make sure that any fence is not ginormous, and maybe encouraging it to be rendered white or cream so that it reflects more light. You could request  these as PP conditions (don't think you will get that).

 

If you are going down the "stop it" route, then I think you need to consider maximising the potential benefit to your D under your control *now* to spike his argument.

 

Not trying to tell you what to do - but there may be other ways to skin this cat that are easier to do and involve less potential of conflict, and you may even get a warmer, fluffier relationship with N.

 

Ferdinand

Edited August 23, 2020 by Ferdinand

[Bozza]

Ferdinand makes some really strong points here Adam.    The assumption is that the current light levels are satisfactory.  Therefore even clearing the window ledges of stuff could help a lot.

 

Changing window frames, light reflecting paint, would make a huge difference you never know the applicant maybes could get their builder to replace them for you as part of planning agreement or even install additional windows to mitigate their extension.

 

the idea solution would be they get their extension and you get the same or more light into the dark bit of  your room.  
 

Just one thIng from the plans and your description of the space - 8m - and that middle area being dark -  it would appear as if the neighbour would be looking to extend their house to same length as yours.  So I suspect your house has an extension on too creating that darker area in the middle?   Which means you either extended or bought a house with a darker middle area which like you say you added light by installing those two side windows.  Is that right enough?  

 

 

 

[AdamDob]

Thanks everyone for your comments and taking the time to offer input and advice. 
 

There is some content that we have already thought about / addressed, some has been missed in the business of life.

 

 

The ideas about mirrored returns are really good, hedge trimming, moving the blinds, all really good for us to consider. 
 

We have tried enhanced electric light and daylight bulbs, but they haven’t worked so well. 

 

This has been a really useful exercise , for sure .

 

Thanks

Adam  

[AliG]

I think @Ferdinand is pretty much spot on.

 

Sadly in your case, the rules are unlikely to help you out.

 

Is their rear extension also going to be two storeys? I might be more worried about it blocking sun from the south west when it is higher in the sky than the side extenson blocking it from the west as this may already be blocked by the current house and hedge. The south end of the side extension might also be an issue here.

 

If you think about it though, the windows are entirely shadowed by your house presumably until the afternoon. Only around 2pm would the sun come out of the shadow of your house. Is it appreciably brighter at this point than earlier on? If not the extension will likely not make much difference but the suggestions re narrower frames etc would help at any time of the day. If yes then you have more to worry about.

 

If you wanted to circumvent the rules you could try and get a local councillor onside to call it into committee. They often ignore planners and the rules, although this could be overturned on appeal. However I would ask that you consider my point above and whether you will actually be disadvantaged as much as you are worried about first.

[Onoff]

You could whack some pv panels in pronto and cite this case as was widely reported in the press:

 

http://www.bailii.org/ew/cases/EWHC/Admin/2019/1738.html

 

I'm joking but it's a bit of a travesty that Mr McLennan was able to argue over his panels right to light but you can't for your daughter. Half a thought, is she because of her disability, confined to the house more so than a fully sighted person would be. I wonder if there is some argument there.