When a proposed development could reduce the amount of natural light reaching your home or property, daylight objections may be relevant to the planning process.
New buildings, extensions and other developments can sometimes affect the amount of daylight or sunlight available to neighbouring properties. This can be particularly concerning where a proposed development is close to existing homes, is significantly taller than surrounding buildings or is being built close to a boundary.
However, a reduction in daylight does not automatically mean that a planning application will be refused. The planning authority will need to consider the circumstances of the development as a whole, including the extent of any impact and whether that impact is considered acceptable.
For neighbours concerned about a proposed development, understanding how daylight is considered within the planning system can help you decide whether there are valid grounds for an objection and how to present them effectively.
At Charrette Law, we advise property owners, developers and other interested parties on planning and property-related legal matters, including planning applications and objections.
What Are Daylight Objections?
A daylight objection is a planning objection raised because a proposed development may reduce the amount of natural light reaching an existing property.
Daylight is an important consideration because the design, height, position and scale of a new development can affect neighbouring buildings.
Concerns may relate to:
- Reduced daylight entering windows.
- Loss of sunlight to rooms or gardens.
- A building becoming significantly more overshadowed.
- The size or height of a proposed development.
- A development being positioned close to an existing property.
- The impact of an extension on neighbouring windows.
- Changes to the outlook and general living conditions of neighbouring occupiers.
It is important to distinguish between daylight, sunlight and privacy. They are separate planning considerations, although a single development may affect all three.
Is Loss of Daylight a Valid Planning Objection?
Potentially.
The effect of a development on neighbouring properties can be a material planning consideration where it is relevant to the assessment of the proposal.
However, simply stating that a development will block some light is unlikely to be enough on its own.
The planning authority will generally need to consider the extent and significance of the impact alongside the other planning considerations associated with the proposal.
Not Every Reduction in Daylight Leads to Refusal
Existing properties do not necessarily have a planning right to retain exactly the same amount of daylight indefinitely.
Development is permitted in many established residential areas, and some degree of impact on neighbouring properties can sometimes be considered acceptable.
The key issue is often whether the loss of daylight or sunlight is unreasonable or unacceptable in planning terms.
This is why a well-prepared objection should explain the actual impact rather than simply stating that the proposal will reduce light.
What Factors Are Considered in Daylight Objections?
There are several factors that may be relevant when assessing the effect of development on daylight and sunlight.
The Height of the Proposed Development
A taller building can potentially have a greater effect on neighbouring properties, particularly where it is positioned close to an existing building.
The relationship between the proposed development and surrounding properties will therefore be important.
The Distance Between Buildings
The distance between the proposed development and neighbouring properties can affect the amount of daylight that reaches existing windows and external areas.
A development positioned close to a boundary may create greater concerns than one set further back.
The Position of Windows
The location and orientation of windows can also be relevant.
For example, a proposed extension immediately in front of a principal habitable-room window may have a greater impact than development affecting a secondary window serving a less important space.
The Orientation of the Property
The direction from which sunlight reaches the property can affect the potential impact.
A development positioned between a property and the path of the sun may create more significant sunlight concerns than one that does not.
The Existing Built Environment
The planning authority may also consider the surrounding context.
A proposal within a densely developed urban area may be assessed differently from development in a more open suburban setting.
This means that an objection should take account of the character and density of the area rather than considering the affected property in isolation.
Daylight and Sunlight Assessments
For some developments, technical assessments may be used to evaluate the potential impact on neighbouring properties.
These assessments can involve recognised methodologies for examining daylight and sunlight.
A technical assessment may consider factors such as:
- The amount of light reaching windows.
- The effect on habitable rooms.
- Sunlight availability.
- Overshadowing.
- The orientation of windows.
- Existing and proposed building relationships.
Whether a formal assessment is necessary will depend on the nature and scale of the development.
Do You Need a Daylight Assessment to Object?
Not necessarily.
A neighbour can raise a planning objection without commissioning a specialist technical assessment.
However, where the potential impact is significant or complicated, professional evidence can help establish the extent of the effect.
For larger developments, developers themselves may provide daylight and sunlight information as part of their planning application.
How to Make a Daylight Objection
If you are concerned about a planning application affecting the natural light to your property, you can submit a representation to the relevant Local Planning Authority.
Your objection should focus on planning matters rather than simply expressing dissatisfaction with the proposed development.
Explain the Impact Clearly
Describe how the development could affect your property.
For example:
- Which rooms may be affected?
- Which windows face the proposed development?
- How close will the proposed building be?
- Whether the development is substantially taller than the existing building.
- Whether sunlight or daylight is currently important to particular rooms.
- Whether the proposal appears excessive in scale.
Specific information is generally more useful than a general statement that the development will “block the light”.
Refer to the Planning Application
Identify the planning application you are objecting to and explain which elements create the daylight concern.
This could include:
- Building height.
- Building depth.
- Position of the extension.
- Distance from your property.
- Roof design.
- Number of storeys.
- Location of windows.
This makes it easier for the planning authority to understand the precise issue being raised.
Concerned About Loss of Daylight?
A poorly prepared planning objection can fail to clearly explain the impact that a development may have on your property.
Charrette Law can help you understand whether your concerns raise relevant planning issues and advise you on how to approach a planning objection. Contact our team to discuss your circumstances.
What Other Planning Issues Can Be Raised Alongside Daylight?
Daylight may be only one of several planning concerns associated with a proposed development.
Depending on the circumstances, you may also need to consider:
Privacy and Overlooking
New windows, balconies and terraces can create concerns about overlooking and loss of privacy.
However, privacy is separate from daylight and should be explained as a distinct planning concern.
Overbearing Development
A large structure close to a neighbouring property may create an overbearing effect.
The scale, height, massing and relationship between buildings can all be relevant.
Design and Character
A development may also be assessed in terms of its appearance and its effect on the character of the surrounding area.
Overshadowing
A development can potentially affect both daylight and sunlight by casting shadows over neighbouring properties or gardens.
Traffic and Parking
Depending on the development, changes in traffic, access and parking may also be relevant planning considerations.
Our article on Planning Objections provides further information about the types of issues that can potentially be raised when responding to a planning application.
How Strong Does a Daylight Objection Need to Be?
There is no simple formula for determining whether a daylight objection will succeed.
The strength of an objection will depend on the facts of the particular development.
A stronger objection will usually:
- Identify a specific planning concern.
- Explain how the proposal creates that concern.
- Refer to the relevant part of the planning application.
- Explain the effect on the property.
- Provide supporting evidence where appropriate.
- Focus on material planning considerations.
It is important to remember that a planning objection does not guarantee that an application will be refused.
The Local Planning Authority will consider objections alongside the applicant’s proposals, planning policies and other relevant material considerations.
What Happens After You Submit a Daylight Objection?
Once an objection has been submitted, the Local Planning Authority will normally consider it as part of the planning application process.
The planning officer may consider:
- The concerns raised.
- Relevant planning policies.
- The applicant’s supporting documents.
- The effect on neighbouring properties.
- The overall planning merits of the proposal.
The authority may request amendments to the proposal if concerns arise.
For example, the applicant may reduce the height or depth of a building, move part of the development away from a boundary or alter the design.
Alternatively, the application may be approved despite objections if the planning authority considers the impacts acceptable.
What If Planning Permission Is Granted Despite Your Objection?
Submitting an objection does not automatically give you a right to appeal if planning permission is granted.
Generally, there is no equivalent neighbour’s planning appeal against a standard planning permission granted by a Local Planning Authority.
However, in certain circumstances, a planning decision may potentially be challenged through judicial review if there is an arguable legal error in the way the decision was made.
Our article on Judicial Review Planning Permission explains the difference between a planning appeal and judicial review and the circumstances in which a planning decision may potentially be challenged.
This is a complex area and strict deadlines can apply, so legal advice should be obtained promptly where you believe a planning decision may have been unlawful.
Daylight Objections and Planning Applications
If you are submitting a daylight objection, it is important to review the full planning application rather than focusing only on the drawings.
The supporting documents may contain information about:
- Building dimensions.
- Existing and proposed levels.
- Window positions.
- Design and access.
- Planning policies.
- Daylight and sunlight assessments.
- Environmental matters.
- Other supporting technical information.
Understanding the complete proposal can help you identify the strongest and most relevant grounds for objection.
How Charrette Law Can Help With Daylight Objections
Planning objections need to focus on relevant planning considerations and present them clearly.
At Charrette Law, we can advise property owners and other interested parties on planning issues that may affect their property.
Our planning services and related legal advice cover matters including:
- Planning applications.
- Planning objections.
- Planning appeals.
- Judicial review of planning decisions.
- Environmental assessments.
- Restrictive covenants.
- Permitted development.
- Property development.
If a proposed development could affect your property, obtaining advice early can help you understand your options before the planning decision is made.
Get Advice on Daylight Objections
A proposed extension, new house or larger development can have a significant effect on the natural light reaching neighbouring properties.
However, an effective daylight objection should go beyond simply saying that the development will reduce light. It should explain the specific impact, relate that impact to the planning proposal and focus on relevant planning considerations.
Where the development is particularly large or the potential impact is significant, technical evidence may also be appropriate.
If a planning application could affect the daylight or sunlight reaching your property, contact Charrette Law for expert advice on your planning objection and the options available to you.
Frequently Asked Questions
Can I object to a planning application because it will reduce daylight?
Yes, loss of daylight or sunlight can potentially be raised as a planning concern where it is relevant to the assessment of the development.
Will loss of daylight automatically stop a development?
No. The planning authority will consider the extent of the impact alongside other planning considerations and the overall merits of the proposal.
Do I need a daylight assessment to object?
Not necessarily. You can raise concerns based on the circumstances of your property and the proposed development. However, specialist technical evidence may be useful for larger or more complex proposals.
What is the difference between daylight and sunlight?
Daylight generally concerns the natural light available to a building, while sunlight concerns direct light from the sun. Both can potentially be affected by new development.
Can I object if my garden will receive less sunlight?
Potentially. Loss of sunlight or overshadowing may be relevant depending on the circumstances, although the planning authority will consider the extent and significance of the impact.
Can a neighbour object to a planning application?
Yes. Anyone can generally submit comments on a planning application, although the weight given to those comments will depend on whether they raise relevant material planning considerations.
What happens if planning permission is granted despite my objection?
A standard planning permission does not usually give a neighbour a right of appeal. However, judicial review may potentially be available where there is an arguable legal error in the decision-making process.
Can Charrette Law help with a daylight objection?
Yes. Charrette Law can advise on planning objections and help you understand whether concerns about daylight, sunlight, overshadowing or other effects raise relevant planning issues.
