structure in garden, blocking sun

[pammy67]

hi
i wonder if you could help, my neighbours have built a structure for their kids, they have built in right next to our hedge, it stands aprox20ft high and wider, apart from invading on our privacy which we had a word with them about and they did block it off, now as the sun is appearing again it is blocking the sun , i would say more than half our garden is in shade now. The neighbours have acres of land, massive garden so why they thought it was ok to build it where they did beats me.
I just wanted to know if there are any restrictions regarding the blocking of sunlight into our garden.
Thankyou

[factor-fiction]

Don't think there are restrictions regarding blocking of sunlight per se. There may come a point though where a structure is so big it needs planing permission. Let's hope someone on AB knows.

[vegasmad]

There are regulations regarding sunlight and the locations of buildings to boundaries. If you are in any doubt that the building is somewhere it should not be then you should contact your local planning department and they will be able to give you advice. If it is in a location where it shouldn't be they can take enforcement action to move or remove it.

[vulcan]

don't know if this is any help,but there is an extremely old law[dated 1663]called ancient lights. this gives a long standing[20 years]owner of a building with windows a right to maintain a level of light.
Neighbors cannot build anything that will block the light,without permission.
however this relates to light entering windows,shielding a garden isn't mentioned but at the same time isn't excluded.
the following website might be worth checking on.
www.right-of-light.co.uk

[Lil O'lady]

It would be as well to have a talk with your local planning office at the council. The sheer size of this structure may have planning implications.

[buildersmate]

One doesn't have a right to sunlight or a view.
One does have certain amount of right to privacy from neighbouring permanent structures.
Hence the Town & Country Planning Act - which is the legislation behind the need (or not) for Planning Consent.
You may be able to get an initial assessment on the planning situation by studying this site.
http://www.planningportal.gov.uk/england/genpu b/en/1115314762605.html

[Twenty20]

I'm not sure this applies to wooden structures though, as they are seen as non permanent? Hence you can put up wooden sheds, pagodas, sun houses etc without planning permission. It does sound rather large though and I'd certainly check it out with the council.

[1967chelsea]

Apart from being selfish, rude and thoroughly bad neighbours, they are breaking by-laws. you have a right to light, sue them via your local council, if the council do not take action, go to the county court and take action against the council.

[factor-fiction]

1967 chelsea- is that an informed legal opinion? I always understood there is no right to light in gardens.
The following site ( http://www.lewes.gov.uk/environment/5946.asp) says:

Right to Light and to a View
Contrary to popular belief there is no inherent �right to light� to a property or its garden. The High Hedges Bill may, in some cases, require the owner of an evergreen hedge to reduce its height but you are advised to first read the leaflets 'Over the Garden Hedge' and 'High Hedges; complaining to the Council' before taking any action.

A separate right to light can be acquired if the light has been uninterrupted for at least 20 years (known as an easement). For the right to be infringed the loss of that light must be substantial and significantly interfere with the reasonable use and enjoyment of the property. This will not apply to gardens.