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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My neighbour wants to build an extension that will obscure

Customer Question

My neighbour wants to build an extension that will obscure sunset views from my lounge. They have applied for planning permission. There has been uninterrupted sunset views through those windows since 1956 and their are no local land charges registered in favour of the neighbours.
Can I use Article 8," respect for my home" as a valid reason for the Council to refuse permission.
Submitted: 2 years ago via InBrief.
Category: UK Property Law
Customer: replied 2 years ago.
Article 8 refers to the Human Rights Act.
Expert:  Stuart J replied 2 years ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
The news here is not good I’m afraid.
I’m sorry to tell you but this is nothing to do with your right to a private and family life. I think any claim that you bring under that (apart from being potentially expensive) is going to fail.
It is not a right to light issue because it is going to reduce your light by 50% or more.
There is also (there is case law on this) no right to view and there is no right to a television signal so if the neighbours extension blocks out your television signal or blocks out your view, then it is not actionable.
About the only route that you can go through is to oppose any application for planning consent on the basis of it having an adverse effect on your property. You can’t actually oppose the application on the basis that you lose the view but only the adverse effect on your property. It may be that part of the adverse effect is that it’s overbearing or removes the view. What you might also want to do is get a planning consultant to word your objection because they know how to word these things.
If this goes to a hearing it is essential that you turn up at the hearing because I have been to planning objection hearings and the objectors objections were hardly given any credence at all if the objector had not bothered to turn up.
I’m sorry, I appreciate that the majority of this is not the answer you wanted but nonetheless, does it answer the question?
Can I answer any specific points arising from this?