{
  "url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-43",
  "json_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-43.json",
  "legislation": "uksi/2025/1322",
  "legislation_title": "The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025",
  "path": "schedule/3/paragraph/43",
  "kind": "paragraph",
  "number": "43",
  "heading": "Impact of authorised works on natural light in certain dwellings",
  "text": "(1) No construction work, other than preliminary work or site preparatory work, may be carried out in respect of a work that meets the height and distance criteria specified in sub-paragraph (2), (3) or (4) (a “relevant work”) unless the relevant work satisfies—\n(a) the reporting criteria specified in sub-paragraph (5), and\n(b) the construction criterion specified in sub-paragraph (6).\n(2) The height and distance criteria are that the work is—\n(a) to be located within the Core Zone, within the distance or range of distances set out in the first column of one of the rows of Table 7 of the northern façade of a dwelling—\n(i) which is on Broadmead Road,\n(ii) which is not owned by the site controller or any of its affiliates, and\n(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and\n(b) to have a height—\n(i) that is equal to, or\n(ii) to the extent permitted by other height controls, exceeds,\nthe height set out in the second column of that row.\nTable 7\nSpecified distance and height parameters (sub-paragraph (2))\nDistance from northern façade of the specified dwelling in metres\nHeight of work in metres AOD\n107.6\n86.87\nGreater than 107.6 but no greater than 152.6\n106.3\nGreater than 152.6 but no greater than 172.2\n117\nGreater than 172.2 but no greater than 258\n157\n(3) The height and distance criteria are that the work is—\n(a) to be located within the Core Zone, within the distance or range of distances set out in the first column of one of the rows of Table 8 of the existing northern façade of a dwelling—\n(i) which is on Manor Road and located in an ERC expansion area,\n(ii) which is not owned by the site controller or any of its affiliates, and\n(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and\n(b) to have a height—\n(i) that is equal to, or\n(ii) to the extent permitted by other height controls, exceeds,\nthe height set out in the second column of that row.\nTable 8\nSpecified distance and height parameters (sub-paragraph (3))\nDistance from existing adopted boundary of Manor Road in metres\nHeight of work in metres AOD\n92.7\n78.45\nGreater than 92.7 but no greater than 137.7\n99.48\nGreater than 137.7 but no greater than 175.3\n117\nGreater than 175.3 but no greater than 261\n157\n(4) The height and distance criteria are that the work is—\n(a) to be located within the Lake Zone, within the distance or range of distances set out in the first column of one of the rows of Table 9 of the existing northern façade of a dwelling—\n(i) which is on Manor Road and located in an ERC expansion area,\n(ii) which is not owned by the site controller or any of its affiliates, and\n(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and\n(b) to have a height—\n(i) that is equal to, or\n(ii) to the extent permitted by other height controls, exceeds,\nthe height set out in the second column of that row.\nTable 9\nSpecified distance and height parameters (sub-paragraph (4))\nDistance from existing adopted boundary of Manor Road in metres\nHeight of work in metres AOD\n53.7\n53.71\nGreater than 53.7 but no greater than 57.5\n55.5\n(5) A relevant work satisfies the reporting criteria if—\n(a) a suitably qualified and experienced professional has prepared a report in accordance with sub-paragraph (7) (“light impact report”) in respect of the relevant work, and\n(b) the site controller has provided a copy of the light impact report to the Secretary of State.\n(6) A relevant work satisfies the construction criterion if—\n(a) the light impact report prepared in respect of the relevant work contains a conclusion under sub-paragraph (7)(c) that the impact of the relevant work on the amount of natural light reaching each relevant dwelling is not unacceptable, or\n(b) if the light impact report in respect of the relevant work does not contain a conclusion as described in paragraph (a)—\n(i) the site controller has submitted to the Secretary of State for approval a detailed design for the relevant work, and\n(ii) the Secretary of State has endorsed the detailed design.\n(7) A light impact report in respect of a relevant work must include—\n(a) an assessment or reasonable estimate of the vertical sky component and annual probable sunlight hours for each habitable room in each relevant dwelling\n(i) as they were at the date on which this Order is made;\n(ii) as they will be if construction of the relevant work is completed,\nmeasured at the centre of each existing window of each such room;\n(b) an assessment or reasonable estimate, for each habitable room in a relevant dwelling, of the area, on a horizontal plane 0.85 metres above the floor, from which—\n(i) sky can be seen at the date on which this Order is made;\n(ii) it will be possible to see sky if construction of the relevant work is completed;\n(c) the conclusion of the suitably qualified and experienced professional who has prepared the report on the question of whether—\n(i) based on the assessments under paragraphs (a) and (b), and\n(ii) having regard to whether the criteria set out in sub-paragraph (8) are satisfied,\nthe impact of the relevant work on the amount of natural light reaching each relevant dwelling is unacceptable.\n(8) In considering the question on which sub-paragraph (7)(c) requires a conclusion, the suitably qualified and experienced professional who prepares a light impact report must exercise their professional skill and judgment and have regard to the most recently published version of the BRE Guidance, but may conclude that the impact of a relevant work on the amount of natural light reaching a relevant dwelling is not unacceptable if the following criteria are satisfied in respect of each habitable room in each relevant dwelling—\n(a) the vertical sky component as assessed or estimated under sub-paragraph (7)(a)(ii)—\n(i) is not less than 27 per cent, and\n(ii) is not less than 80 per cent of the value assessed or estimated under sub-paragraph (7)(a)(i),\n(b) the annual probable sunlight hours as assessed or estimated under paragraph (7)(a)(ii)—\n(i) are not less than 25 per cent,\n(ii) in the period between 21st September and 21st March are not less than 5 per cent, and\n(iii) are not less than 80 per cent of the value assessed or estimated under sub-paragraph (7)(a)(i), and\n(c) the area assessed or estimated under sub-paragraph (7)(b)(ii) is not less than 80 per cent of the area assessed or estimated under sub-paragraph (7)(b)(i),\nunless they consider that other evidence in relation to a relevant work or a relevant dwelling, to which it is reasonable to give greater weight, leads to the conclusion that, even though the criteria in paragraphs (a) to (c) are satisfied, the impact of the relevant work on the amount of natural light reaching a relevant dwelling is nevertheless unacceptable.\n(9) In this paragraph—\n“annual probable sunlight hours” means the long-term average of the total number of hours during a year in which direct sunlight reaches the ground when clouds are taken into account, expressed as a percentage;\n“BRE guidance” means “Site Layout and Planning for Daylight and Sunlight: a guide to good practice”, published by the Building Research Establishment;\n“relevant dwelling” means, in relation to a relevant work, a dwelling that is referred to in paragraph (a) of whichever of sub-paragraphs (2), (3) or (4) specifies the height and distance criteria that that work meets;\n“vertical sky component” means the measure of the amount of light reaching a window, expressed as a percentage, that is further defined as such in the glossary to the third edition of the BRE guidance.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Site layout planning for daylight and sunlight: a guide to good practice, by P. Littlefair, S. King, G. Howlett, C. Ticleanu and A. Longfield, published by the Building Research Establishment on 8th June 2022 (ISBN 978 1 84806 483 6), available from the Building Research Establishment, https://bregroup.com/store/bookshop."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/43",
    "retrieved_at": "2026-10-28T21:08:22.499243+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}