Appeal decision sheds some light on daylight / sunlight requirements for new apartments

A recent appeal[1] has helpfully clarified the expectations in terms of daylight and sunlight requirements for new build apartments.

A proposed Class MA Prior Notification application in Weybridge, Surrey for “Change of use from Class E to Class C3 to provide 8no. self-contained flats” was initially refused by Elmbridge Borough Council but was subsequently allowed following a successful appeal by the applicant.

Paragraph MA.2(f) states that development is permitted by Class MA of the GPDO 2015 subject to the provision of adequate natural light in all habitable rooms of the dwellinghouses.

[1] PINS Ref: APP/K3605/W/25/3370025 – Holmes House, 24/30 Baker Street, Weybridge, Surrey KT13 8AU

The Council refused prior approval on the basis that a number of units in the proposed development failed to achieve adequate levels of both daylight and sunlight throughout the units and in each of the habitable rooms.

The Daylight Report submitted clarifies that under BR209 “Site layout planning for daylight and sunlight, A guide to good practice”,  ‘Natural Light’ is defined as comprising two factors ‘Daylight & Sunlight’ and confirmed that all habitable rooms would receive adequate ‘Daylight’ and that most of the living rooms would also receive adequate ‘Sunlight’. On the occasions where the living rooms are north facing and do not achieve sufficient Daylight this deficit is typically made up through the provision of Sunlight in the south facing bedrooms and thus the flat as a whole would receive adequate daylight.

Some of bedrooms in some flats were north facing and thus clearly would not benefit from Sunlight. The Daylight provision overall however was considered adequate and as a result the Inspector stated, “I consider that the bedrooms would receive appropriate levels of natural light based on the amount of daylight they would receive, and that each of the flats would benefit from adequate natural light overall”

The council had already accepted that the daylight provision in some of the separate kitchens proposed in some of the units would be considered satisfactory as they were classed as ‘non-habitable’ and linked to a well-lit room as required by BR209.

DLP Comment

It is apparent that some LPAs are of the opinion that to satisfy class MA of the GPDO; all habitable spaces should meet all BR290 criteria for both Daylight and Sunlight. This successful appeal demonstrates that whilst daylight compliance may be considered critical for habitable spaces; a trade off in respect of Sunlight within a flat can be considered acceptable.

Our in-house daylighting specialist can assist in assessing the likelihood for compliance with BR209 for Class MA change of use schemes. We use Climate Based Daylighting modelling methodology to determine the adequacy of daylight and sunlight provision throughout proposals.

The appeal decision can be downloaded here [external link]