'Emergency' interim injunction

[charitynjw]

....to stop 'neighbour from Hell' erecting a 6ft boundary fence (My sister's property)
It would create something like a prison wall for sister, given the existing buildings, etc.

I'm reasonably au fait with the Party Wall Act, Building Regs & Ancient Light law/Prescription Act, & have sent NFH a letter (with proof of posting.)
But have the feeling that they will barge on regardless.

So what is the best procedure to obtain an interim injunction?

[Amethyst]

6ft isn't excessive as a boundary fence unless it's like my neighbour who has put six foot measured from their garden which works out about 11ft from our ground level....

What boundary is already in place?
Is this between the back gardens ?

They could do up to 2 metres under permitted development if it's not adjacent to a highway.

[charitynjw]

6ft isn't excessive as a boundary fence unless it's like my neighbour who has put six foot measured from their garden which works out about 11ft from our ground level....

What boundary is already in place?
Chain link, approx 1m (3 ft in old money)

Is this between the back gardens ?
Yep

They could do up to 2 metres under permitted development if it's not adjacent to a highway.

3 Claim to the use of light enjoyed for 20 years.

When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

http://www.legislation.gov.uk/ukpga/...3/71/section/3

[Amethyst]

If her neighbour really is horrible it might be better to have a decent fence between them ... I'll tag des8 to have a look on the light issue xxx

[charitynjw]

If her neighbour really is horrible it might be better to have a decent fence between them ... I'll tag des8 to have a look on the light issue xxx

Ordinarily I might agree with you ('cos as you know, I'm an agreeable sort! <----whistle.)

But this would be right up adjacent to sister's patio/patio door....which would be in perpetual gloom.

[des8]

Often it is said that one's right to light is calculated using the 45 degree rule i.e. mark the centre point from the middle of the window of the habitable ground floor room nearest to the fence From this point draw a 45-degree splay line out towards the proposed fence. If the fence is within that line planners would probably say it is too high.

However if your daughter wanted to go to court the calculations are much more complicated and what is known as the 50/50 rule is used;

This involves calculating the percentage of a room's area which can receive adequate light. The calculations are undertaken at a working plane 850mm above the floor. A point on the working plane is considered adequately lit if it can receive at least 0.2% of the total illumination received from the sky.Where less than 50% of the room area receives at least 0.2% of the total illumination received from the sky it is considered that an injury has occurred.

So charitynjw get your light meter and slide rule out!

[charitynjw]

Cheers, des8

I have trouble just counting....anything over 10 & the shoes & socks come off!

Anyway, the situation has escalated a tad.
They (NFH) have put a letter through my sister's door, basically saying they will proceed as planned with the 6ft fence (no consent requested....it's their way or the highway!)

So, interim injunction....how does one obtain on short notice?