Planning Permission Does Not Override Your Right of Light

By Daniel Peddlestone · 31 May 2026

One of the most common misunderstandings in property law is the belief that planning permission somehow cancels out a neighbour's right of light. It doesn't. Planning permission and private legal rights are two completely separate things, and developers know this even if they don't always make it obvious.

When a local authority grants planning permission, it is confirming that a proposed development complies with public planning policy. It considers things like building height, density, design, and the general impact on the area. What it does not do is assess whether the development will interfere with any private legal rights, including rights of light.

This distinction matters because a developer can hold full planning approval for a new building and still face a successful rights of light claim from a neighbouring property owner. The two systems run in parallel. A council is not responsible for protecting your right of light, and a planning officer will not check whether a proposed scheme breaches the 50/50 rule or reduces the natural daylight reaching your windows below acceptable levels.

You might receive a letter from a developer or their solicitor telling you that planning permission has been granted and construction is about to begin. Some property owners assume at that point that the battle is already lost. That is not the case. Planning consent gives the developer permission to build from a public law perspective, but it gives them no protection at all against a private claim for interference with your light.

The courts have been clear about this for a long time. In the well-known case of Shelfer v City of London Electric Lighting Company (1895), the court set out principles for when an injunction should be granted rather than damages. Those principles still apply today. If a development substantially reduces the light to your property, you may be entitled to compensation or, in some cases, an injunction to prevent or reverse the building work. The fact that the developer has planning permission is not a defence.

Under the Prescription Act 1832, if light has passed through a defined aperture to your property for 20 years or more without interruption, you have an enforceable right of light. That right exists independently of any planning decision. A developer who ignores it does so at their own financial risk.

There are situations where developers try to use light obstruction notices under the Rights of Light Act 1959 to interrupt the 20-year period and prevent a right from crystallising. This is a specific legal mechanism and is quite different from planning permission. If you receive one of these notices, it is worth understanding what it means and how to respond, because it can affect your legal position.

From a practical standpoint, the key thing to remember is this. If someone is building near your property and you are concerned about losing natural light, do not assume that planning permission settles the matter. Your private rights exist separately, and they can be enforced through the courts regardless of what the council has approved. Many successful rights of light claims are brought against developments that had full planning consent.

If you own a home, a flat on a long lease, or a commercial property in England or Wales, and a neighbouring development threatens to reduce the daylight reaching your windows, planning permission granted to the developer does not remove your ability to bring a claim. The sooner you take steps to understand your position, the stronger your negotiating hand is likely to be.

Reference: Shelfer v City of London Electric Lighting Company [1895] 1 Ch 287; Prescription Act 1832; Rights of Light Act 1959