An appeal has been won by a pub owner against planning permission for a large development that would almost entirely block out light from her premises.
The court heard that developers had been granted permission to demolish a single-storey building and replace it with a three-storey block comprised of commercial premises on the first two floors and residential flats on the floor above.
The pub owner opposed permission on the grounds that noise complaints from new residents would jeopardise her late night licence and the loss of daylight would destroy her subsidiary business consisting of the hiring out of the upstairs as a location for filming and photography.
The planning permission inspector held that sound insulation in the new building would sufficiently address noise problems. However, in the case of light, even the developer’s expert accepted that the new building would almost totally block the morning sunlight falling on the pub’s eastern elevation, which lit the main shooting location of the staircase.
The owner contested that in assessing the risk to her business of complaints of noise, the inspector had failed to consider the fact that residents could potentially open their windows.
He had also not considered the loss of natural light to the eastern flank of the pub.
The Court of Appeal rejected the pub owner’s arguments concerning noise but found in her favour in relation to the issue of light. The Court held that the planning permission inspector had failed to deal with the loss of daylight and sunlight despite being bound to do so. Planning permission was therefore refused.
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Case featured:
Pub owner wins fight against planning permission for office block
2016] EWCA Civ 609
PAULINE FORSTER v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) TOWER HAMLETS LONDON BOROUGH COUNCIL (3) SWAN HOUSING ASSOCIATION LTD (2016)
CA (Civ Div) (Laws LJ, McFarlane LJ, Christopher Clarke LJ) 29/06/2016