Neighbour wins appeal against sunlight-blocking home development

Wednesday 17 May 2023

Plans to build a home in St. Helier have been refused after a neighbour argued it would "harm" their living conditions by blocking out sunlight.

The application would have seen a two-storey property built on 13 Duhamel Lane.

However, the construction was blocked following an appeal, lodged on behalf of a resident of Flat One, Melva House in Duhamel Place. The applicant claimed that the new property would block the sunlight from their two windows facing in the direction of the proposed development.

Planning Inspector Nigel McGurk recommended that the appeal be upheld.

"During my site visit, it was apparent to me that the proposed development would be so large and so close to the Flat One as to appear to 'tower' above it when seen from the rear of Flat One," he wrote in a report.

"There is no doubt that the proposal would unduly dominate the rear outlook from Flat One.

"This, when combined with a loss of sunlight and a reduction in daylight, would result in an unduly oppressive outlook from that property.

"This would be to the significant harm of the living conditions of the occupiers of that property, with regards to outlook."

Having considered the findings of the inspector, Environment Minister Jonathan Renouf agreed and refused the application.

"The proposed development would, by virtue of its height, scale and immediate proximity, represent an over-development of the site and would have an unreasonable impact upon the amenities of the occupiers of Flat One, Melva House," he said.