Unfortunately, this is correct.  The Local Authority Planning Department do not assess legal easements.  A right to light is an easement.  They should assess the impact of the development upon your amenity, thus, the daylight and sunlight that your home enjoys.  Thus, you may find that despite satisfying planning policies, legal injuries to your legal ‘right to light’ may still occur.  This is not uncommon.  We come across this day in day out.  We regularly see situations where people have gained Planning Permission, Building Regulation Approval, have a Party Wall Award in place, and still end up falling foul of legal right to light matters.  Thus, if you are still concerned, even if your neighbour gets planning permission (whether this be a small domestic extension or for example, a large commercial development such as a block of apartments, or a hotel), all is not lost.  You may still have a legal right to light case.

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