Mon, 14 Sep 2026 16:11:40 +0100 https://www.greenbuildingforum.co.uk/newforum/ Lussumo Vanilla 1.0.3 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206333#Comment_206333 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206333#Comment_206333 Fri, 01 Aug 2014 07:31:53 +0100 RobinB
Has anyone come across this before?

I don't want to stop them from building - I just don't want a building so tall and close to our southern boundary that will cut out all the sun from our largely south facing windows, garden and solar panels.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206347#Comment_206347 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206347#Comment_206347 Fri, 01 Aug 2014 10:49:30 +0100 Ed Davies https://en.wikipedia.org/wiki/Right_to_light might give some term worth searching for.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206350#Comment_206350 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206350#Comment_206350 Fri, 01 Aug 2014 11:15:02 +0100 snyggapa
In these cases, the best method is always direct negotiation - however experience shows that this is not always possible..

I guess you don't have the "right to light" for your panels or garden, but you may have it for any windows..

http://planning-applications.co.uk/righttolight.htm may help

-Steve]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206352#Comment_206352 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206352#Comment_206352 Fri, 01 Aug 2014 11:57:33 +0100 Shevek
See paragraph 2.13
http://lawcommission.justice.gov.uk/docs/cp210_rights_to_light_version-web.pdf

Also rights to light are acquired over 20 years, so even if there were rights to light for solar panels they would need to have been there for 20 years.

You're out of luck unfortunately I think.

The laws need to be changed in some way to deal with this problem.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206354#Comment_206354 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206354#Comment_206354 Fri, 01 Aug 2014 12:05:53 +0100 Shevek http://www.raymondcooper.co.uk/easements/solar-panels-light/]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206356#Comment_206356 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206356#Comment_206356 Fri, 01 Aug 2014 12:18:01 +0100 snyggapa https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206357#Comment_206357 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206357#Comment_206357 Fri, 01 Aug 2014 12:25:23 +0100 CWatters
I am also aware of a house that was designed with the vast majority of it's windows facing in one direction (other directions had tall trees/hedges/buildings). When a new development was proposed that would affect their windows the planners were able to give the impact on that house more weight than other houses at the same distance that had windows on all four sides. Decision was called in by the SS. Was due last week but delayed again. Been waiting 8 months so far.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206358#Comment_206358 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206358#Comment_206358 Fri, 01 Aug 2014 12:43:57 +0100 CWatters
A right to light trumps planning permission so it is possible to go to court after the building has been built - but from the little I've read it seems courts prefer to award damages rather than enforce demolition in such cases. However it's not unheard of for demolition to be ordered because of a right to light even thought the

You might try researching the right to light and then writing to the owner of the other property just to put the wind up them. Perhaps advise them that it trumps planning permission and that perhaps they should get som modelling done. They might figure it's easier to move the building or limit the height.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206364#Comment_206364 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206364#Comment_206364 Fri, 01 Aug 2014 13:05:45 +0100 tony
In the USA they would sue over this for loss of income, but we are too British, I would like to see a test case as once in case law a precedent is set to deter others.

This problem will continue to become more common.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206365#Comment_206365 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206365#Comment_206365 Fri, 01 Aug 2014 13:08:43 +0100 Shevek Posted By: snyggapayou may not be out of luck if the solution to getting the right to light for your windows coincidentally solves it for your panels though..
yeap true, this is your only shot at it.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206377#Comment_206377 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206377#Comment_206377 Fri, 01 Aug 2014 16:11:43 +0100 ferdinand2000
Would it be a material amount?

Ferdinand]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206382#Comment_206382 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206382#Comment_206382 Fri, 01 Aug 2014 16:50:40 +0100 skyewright Posted By: ferdinand2000I think it would be *very* useful to know how much the light incidence on your panels will be reduced, and how much the power will be reduced.
In case RobinB hasn't already noticed the facility PVGIS
http://re.jrc.ec.europa.eu/pvgis/apps4/pvest.php
allows a custom "horizon" file to be used for the calculations.

Maybe useful to do a before & after comparison?]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206384#Comment_206384 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206384#Comment_206384 Fri, 01 Aug 2014 17:21:00 +0100 RobinB I'm thinking to argue "loss of amenity" but I'm not really sure the technical definition of amenity if there is one.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206385#Comment_206385 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206385#Comment_206385 Fri, 01 Aug 2014 17:33:23 +0100 bella https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206388#Comment_206388 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206388#Comment_206388 Fri, 01 Aug 2014 17:48:49 +0100 skyewright Posted By: RobinBThanks for the comments everyone. All rather gloomy. Skywright I really hope there is no "after" comparison
I wasn't sure if "after" was really the appropriate word to use, but I was in a hurry. Sorry. To clarify...

I didn't intend to suggest it as a tool to use later on, rather as a way of estimating impact in advance, i.e. prepare a horizon file for "now", and one for "as it would be if the new property was built", then compare the PVGIS estimates for the array.

Does that make more sense now?]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206391#Comment_206391 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206391#Comment_206391 Fri, 01 Aug 2014 18:36:31 +0100 RobinB https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206435#Comment_206435 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206435#Comment_206435 Sat, 02 Aug 2014 21:04:20 +0100 CWatters
There is no right to a private view only the loss of a public view is considered material. Find views from public footpaths and roads.

Regarding Right to Light... I'm pretty sure this is a dead end as you have to show that light levels in a room are dramatically reduced...

http://www.right-of-light.co.uk/calculation.php

"The right is to a certain amount of light and not to all of the light that was once enjoyed. Mathematical calculations are used to determine whether or not a development causes an infringement. For speed and accuracy rights to light calculations are undertaken using specialist computer software."

http://www.msasurvey.com/map/RICS%20Rights%20of%20light%20guidance%20note%202010.pdf
See page 3

"In order for a right of light to be acquired, a flow of light through a clearly defined aperture is required. Therefore, the right is not capable of benefiting land in general and cannot exist in favour of open
garden areas, but a specific glazed area such as a greenhouse can enjoy a right of light. In this
guidance note the term ‘window’ will be used to refer to all apertures. "

I wonder if the glass on a solar panel counts as an "aperture"? Would only apply to 20 year old panels.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206439#Comment_206439 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206439#Comment_206439 Sat, 02 Aug 2014 21:43:03 +0100 ringi https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206449#Comment_206449 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206449#Comment_206449 Sun, 03 Aug 2014 08:29:17 +0100 Triassic Posted By: RobinBtall and close to our southern boundary how close and how tall? A new build up the road, originally two storey had to be reduced in height to a one and half storey, as it was taller than adjacent houses.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206497#Comment_206497 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206497#Comment_206497 Mon, 04 Aug 2014 08:07:47 +0100 RobinB thanks!]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206507#Comment_206507 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206507#Comment_206507 Mon, 04 Aug 2014 11:03:37 +0100 Shevek https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206508#Comment_206508 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206508#Comment_206508 Mon, 04 Aug 2014 11:54:38 +0100 RobinB
Looking at my problems another way - does anyone want to buy a building plot in West Yorkshire to build a "green" home of modest proportions? I'm not the seller but we'd be nice neighbours!]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206509#Comment_206509 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206509#Comment_206509 Mon, 04 Aug 2014 12:49:14 +0100 RobinB https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206521#Comment_206521 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206521#Comment_206521 Mon, 04 Aug 2014 15:11:53 +0100 db8000 http://planningguidance.planningportal.gov.uk/ - much simplified.

The "Local Plan" or "Core Strategy" for your local council will contain more detail.

In respect of Rights to Light, others have already linked to negative legal commentary on the subject. The Law Commission is currently considering reducing the scope of rights to light (consultation closed) and on the subject of solar panels said in the document seeking comments:

"2.15 It has been suggested that the law should be changed so as to enable easements to protect the light to a solar panel.18 As matters stand, however, where neighbours wish to protect the passage of light to their solar panels they can do so by creating a restrictive covenant (or, after implementation of our recommendations in the Easements Report, a negative land obligation)19 not to build so as to obstruct the passage of that light.
2.16 So it is already possible to create an interest in land for the protection of a solar panel, although we think this would be unusual. However, if it were possible to protect a solar panel with an easement the position would be different as regards non-consensual creation. Easements can arise by prescription,20 whilst restrictive covenants and, in the future, negative land obligations must be created expressly.
2.17 We think that this is the correct position for solar panels. If prescription were to operate to create an enforceable right to the passage of light to solar panels then the difficulties that arise from a proliferation of rights to light would be exacerbated. We consider the problems that arise in respect of prescription for rights to light in Chapter 3. Allowing prescription for solar panels would be particularly problematic as it would be difficult for dominant and servient landowners to establish the channels of light that benefit the panel. As a
consequence, the extent of the right would be uncertain and, potentially, very wide."
http://lawcommission.justice.gov.uk/docs/cp210_rights_to_light_version-web.pdf

In short, they are not interested in recommending an extension of the current law to include solar panels.

It is worth the OP checking the neighbours title register at the Land Registry as occasionally land is subject to covenants restricting development to a certain type or with the consent of neighbours and this may provide another avenue to assist.

David]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206551#Comment_206551 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206551#Comment_206551 Tue, 05 Aug 2014 00:13:01 +0100 Jeff B Posted By: tonyI have seen a new build grossly throw shade over solar panels in my town, the revenue has decreased but not as much as predicted!

In the USA they would sue over this for loss of income, but we are too British, I would like to see a test case as once in case law a precedent is set to deter others.

This problem will continue to become more common.

If I was faced with Robin's problem (which I could be in a few years time if my neighbour sells the field adjacent to their house for housing development, as has been mentioned) then I would immediately write to the developers and threaten to sue them if they go ahead as by then I will have built up a considerable amount of historical PV solar data from my system. Forget about right to light and all that! I think £20K or so compensation would be a drop in the ocean against the potential value of the building plots.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206560#Comment_206560 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206560#Comment_206560 Tue, 05 Aug 2014 10:46:42 +0100 db8000 ]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206587#Comment_206587 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206587#Comment_206587 Tue, 05 Aug 2014 21:35:27 +0100 djh ]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206611#Comment_206611 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206611#Comment_206611 Wed, 06 Aug 2014 11:35:16 +0100 Simon Still
My neighbour fitted solar panels to his roof some time AFTER planning permission had been granted for our house but before we had started to build. The upper floors are going up now and it's quite obvious that the panels will be at least partially shaded for some of the day.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206679#Comment_206679 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206679#Comment_206679 Wed, 06 Aug 2014 23:49:59 +0100 djh Posted By: Simon StillUnfortunately if you allowed a right of light to solar panels
As indeed is the law in California. So it's all a matter of perspective and relativity. There's no right and wrong view on this.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206681#Comment_206681 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=12388&Focus=206681#Comment_206681 Thu, 07 Aug 2014 01:08:24 +0100 Shevek Posted By: Simon StillUnfortunately if you allowed a right of light to solar panels it could quickly become used as a way of blocking adjacent development. Fear someone could build next to you in future? Stick a load of panels on the side of your house low down so that almost any construction at all would shade them.
Or it could be implemented in a way that only gives right to light for solar panels under certain circumstances, to avoid this sort of thing.]]>