Can You Fail a Daylight Assessment and Still Get Permission?

One of the greatest misconceptions is that failure to meet BRE guidelines means you’re planning permission will automatically be refused. In reality, the decision is much more nuanced.

The BRE guidance is exactly what it states- guidance. It is a widely respected document used by planning officers throughout the UK to assess the impact of development on neighbours’ sunlight and daylight levels, or to assess the scheme performance of a development. But it is not legislation and it is not a pass or fail test.

In practice, planning officers and committees are required to consider the overall planning balance of a proposal. Whilst daylight and sunlight levels are important, there are several aspects that must also be considered. A scheme may not meet BRE guidelines but still be considered acceptable when viewed in the larger planning context.

This is particularly common in situations where a development delivers significant public or planning benefits, such as:

• Regeneration projects
• Brownfield redevelopment
• Urban intensification schemes
• Affordable housing delivery
• Town centre developments
• Strategic infrastructure projects

In these circumstances, planning officers often accept a lower level of daylight and sunlight levels if they conclude that the wider benefits outweigh the daylight and sunlight impact identified in the report. The takeaway is simple: if your daylight and sunlight assessment identifies some BRE failures, don’t panic. The results will be considered carefully, but they do not automatically determine the outcome of a planning application.