House Question

[hammerman]

We moved into our house 18 years ago. One of the main reasons we moved there WA that the garden backs onto a very small primary school and then there's nothing for as far as the eye can see except stunning country views.
The school is set to close next year and we'll almost certainly get housing built on the site, which the neighbours and myself feel will reduce the value of our properties.
Would there be any course do compensating us for the loss we'll incur if we sold up.
Many thanks

[Old_Geezer]

Good luck, but I'd doubt it. You didn't own the view and as long as your light isn't being taken, and maybe other considerations, my gut feeling as a non-expert is that it must be unlikely.

[Peter Pedant]

hmm you might have to take advice on this ( and pay )

as OG said the answer used to be no/none but planning law MAY have changed... or may not.
Not this is not mystic meg writing - - - or maybe ....

the only thing is to watch for an application and oppose it on the usual grounds and or .... buy the skool.

[frugalfred]

Planners do not recognise a right to a view. Peter's advice above is sound.

[frugalfred]

You and your neighbours need to get started on the preparation of your objections to development.
1. Familiarise yourself with the Local Plan. See Planning Authority's website. Look for projected housing demand/ areas designated for housing, etc.
2. Is there a wildlife angle? Any bats/owls/Great Crested Newts, etc. on the site? Any trees with preservation orders? Any rare plants?
3. Traffic problems likely?
4. If there is demand for housing in your community, can you suggest alternative sites?
5. Is development likely to be prominent in the local landscape? I.e. will it be seen from miles away?
6. From the fact that the school is closing I deduce that your community is a small one. Will a large development swamp they existing community?

You may well be labelled NIMBYs. However, get to know your local councillor(s) on the Planning Authority and when an application appears, keep same in the loop.

I hope this helps. You have a time-consuming few months ahead of you, and steep learning curve as you get to know the ins-and-outs of the planning process.

[chamois]

The "right to light" is considered to be spurious by planning officers nowadays. You cannot oppose the withdrawal of light in these circumstances any more than you can do so in other circumstances.

The classic example is where a neighbour in a terraced row of houses decides to add to his back kitchen by building vertically causing a restriction of light to the ground floor kitchen of the adjacent property. Planning officers repeatedly ignore the protestations of the neighbour nowadays over this matter.

No one has a right to light.

[frugalfred]

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

[chamois]

What an interesting link frugalfred. I never thought I'd see the day when a company would devote its entire business to supporting the specious issue of the right to light. Local authority planning officers must take great delight in sending this outfit off with a flea in its ear.

No wonder they don't publish any case histories

[hc4361]

This is nothing to do with the right to light. hammerman is concerned about his view from his house.

[chamois]

Yes hc4361. My reply was directed at OG's post

[Buenchico]

The only 'compensation' you might be able to get for a loss of value is a lowering of your Council Tax band (assuming that it's currently above the lowest one anyway).

The band is based upon the open market value of your property on 1 April 1991 (or a notional value upon that date if it was constructed later on). However if, since 1991, there has been a 'material reduction' in the value of the property [defined as "any reduction in the value of the dwelling caused by . . . any change in the physical state of the dwellings locality (eg. the opening of a motorway)] then a new assessment of the open market value of the property (based upon the new surroundings of the property but still using 1991 house prices) can take place, possibly resulting in the property being placed in a lower Council Tax band.

To apply for a reassessment of the property's value (for Council Tax purposes) you simply need to fill in this form
http://app.voa.gov.uk/council_tax/appeal_forms/ct-proposal-form.pdf
and post it to the relevant VOA office:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/506199/Council_Tax_VOA_contact_map.pdf
(There's no fee to be paid).

[Arrods]

Chamois the principle of right to light has been around for donkey's years. Fortunately, we were able to send our local authority away with a flea in their ears when they tried to grant planning permission to a neighbouring development that would have meant us living in a state of darkness.

[Buenchico]

For Chamois and Arrods:
http://www.rics.org/Global/RICS%20Right%20to%20Light.pdf

[jackthehat]

This is about 'The Right to a View'..........and no such right exists, I'm afraid.

[cassa333]

Nowhere.

The value of your house is an irrelevance. In fact it is often found that house prices go up when new is built close by. But that doesn't stop the snobs thinking the worst.

[cassa333]

Ps club together it's your neighbours and buy the school, level it and plant trees and stuff on it.

Problem gone.

[hammerman]

SNOB I am not Cassa.

[bhg481]

I fail to see why someone worrying about the long-term value of their property makes them a snob. Bragging about the value of the house you live in is one thing, wondering about having to lower the price to sell it is another.

[cassa333]

We fail to see traits in ourselves that we dislike in others. It is human nature.