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Nicola Bowden who lives opposite Aylesford Business Centre in the high-street is battling Tonbridge and Malling Council for her right to light.

An Aylesford family is considering legal action to fight for their ancient “right to light”, after permission was granted for a extension just inches from their home.

For six months Nicola Bowden, 42, has fought plans to add another storey to the Aylesford Business Centre in the High Street opposite her house, which is due to be turned into eight flats.

The adjoining wall is just six metres from her child's bedroom window and inches away from her house. She says the increase in height, of two metres, would completely block out the sun.

Nicola Bowden with two-year-old Jude in her garden.
Nicola Bowden with two-year-old Jude in her garden.

Under English civil law, households have entitlements if the light has been constant for more than 20 years.

But the developers argue that the family would only lose 1.5 hours of sunlight during the winter, equalling around 225 hours each year.

Mum of two Mrs Bowden said: “If it was two storeys we would have no objections.

“I’m concerned about people being able to look into our garden where my children play, as well as the development taking away our light.

"I’m just so angry. We moved here into our dream home, and now it will be blighted by this." - Nicola Bowden

“It’s an imposing development. It is literally next door. We don’t really have a garden.”

But in a statement to the planning committee, architecture practice Geddes Walker said there was no other option for the building, which contains 22 office units.

It said: “If it were possible to maintain or expand commercial use to allow the building to be properly occupied, that would have been the preferred option.

“Unfortunately, the centre is unable to compete with business cores outside the village, and existing retail and commercial uses have become increasingly less viable within the village.”

Mr and Mrs Bowden have employed a solicitor to look into their claim, but have been told it could cost £20,000 to take their fight to the High Court.

Mrs Bowden added: “We are the innocent people here. We’ve done nothing wrong, but it could end up costing us to get justice.”

Work on the flats is expected to start in the summer.

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