It is normally accepted that there will be some reduction in light levels when development in residential areas takes place.  When the above tests show that the level of daylight may be impacted then it will usually mean that further investigation is required to assess and confirm the level of impact.  

There are also arguments that state the above tests are invalid and that the impact on light levels across the habitable room (85cm above floor level) needs to be properly assessed.

When considering an adjacent planning application and if you think you may have a case under ancient lights or your expectations to daylight are going to be impinged then consider:

1. If you believe you have a case under ancient lights the matter is outside of the planning system.  You need to receive professional advice and negotiate with the owner/developer
2. Ancient Lights will not typically prevent the granting of a planning application.  If you are willing to protect your ‘established right’ then you could force the developer to change their design; be financially compensated; or you could potentially prevent the development (or, make it uneconomic)
3. When objecting to a planning application in relation to the impacts on the level of light you should reference a ‘window of a downstairs habitable room’. This will usually be a living room or dining room. It excludes bedrooms, bathrooms, kitchens and the hall & stairs
4. If the proposed building is to the side and more than 12m away, or if set back from the 45 degree line then a loss of daylight argument could be weak
5. If the proposed building is set to the front or rear and the angle to the roof ridge is less than 25 degrees then arguments concerning reduced light levels are likely to be weak.

Planning applications - Ancient lights, protecting daylight and overlooking/privacy     Cont..

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The information and opinions within this site are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Local Planning Apps shall accept no responsibility for any errors, omissions or misleading statements on this site or for any loss which may arise from reliance on information contained within this site. No mention of any products, shall imply any approval or warranty as to the standing and capability of any such products on the part of Local Planning Apps or its clients.

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