Was there not a thread on this on archiseek a whole back?
From the redoubtable wikipediahttp://en.wikipedia.org/wiki/Right_to_light
As you can see this is a law most often exercised in England but the 1832 prescription act came in to play here too.
The original right ot light from memory concerned a jeweller who needed a certain quantum of light to carry out his work.
Such rights to light might not apply to ordinary dwellings in Irish law, in relation to which the more nebulous term "amenity" arises.
In Ireland there was reliance in development plans of the quantum of light arising on IIRC 1st March of the year, such that light should not be reduced below three hours of direct sunlight to the private rear of the house assumign such or greater had been enjoyed beforehand.
In some cases the 45 degree rule has been cited, working from the cill of the affected window towards the site of the proposed development.
More recently the BRE Digest has been cited
There is no comfort here, I'm afraid:
LAND AND CONVEYANCING LAW REFORM ACT 2009http://www.oireachtas.ie/documents/bill ... /a2709.pdf
None of the above comments by me can be regarded as authoritative and I doubt if a section 5 will address this matter, given that the issues dealt with therein centre on planning law only.
It *does* seem ot make a bit of a nonsne of the exempted development ergualtions, doesn't it, if someone can challenge them under rights ot ancient lights?
I am not persuaded by English precedent in such matters, where even "between the commons" style houses can be very densely packed.
Has anyone got a definitive Irish case in relation to this?