https://en.wikipedia.org/wiki/Right_to_light might give some term worth searching for.

It hasn't been tested in court but the Law Commission, in it's review of right to light, reckons there's no right to light for solar panels under current law.

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.

you 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..

I gather it's very hard to prove your right to light has been infringed (assuming you have acquired one in the first place). As I understand it you would need to get some modelling done to show how light levels in the rooms will be affected.

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.

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.

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?

I asked a planning officer this very question 4 years back. The answer was "amenity is an assessment of the pleasantness of your site - views, convenience, the look of your building to others and of local buildings generally". I am afraid he considered solar panels of any sort on any scale a "potential loss of amenity" - this was in a National Park.

Lots! thanks.

Is the new building out of scale for the area?

I do think it's too tall and out of scale and having read around a bit more that is perhaps the strongest argument.
thanks!

Thanks Shevek, will look into it.

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!

For the OP, I think that objecting in the planning process is likely to be the only way forward. National Guidance is now here: 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

Jeff, if the developers were well advised, I suspect they'll just refer you to the reply given in Arkell -v- Pressdram.

Unfortunately 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.

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.

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.