We take calls every single day from the general public and property professionals such as designers (architects / surveyors), property developers, property managers, planning consultants etc, and time and time again we come across the same misconceptions about Legal Right to Light matters. These are the top 8 misconceptions that we come across regularly: 1: [...]
Why is it important to consider right to light? When we deal with Right to Light matters, if there is found to be an infringement to the light to neighbouring properties, and the matter is pursued by a neighbour or neighbours’, it is the developer client who ends up with the problems of potentially an [...]
“Can I object to my neighbours’ proposed planning application on grounds of the loss of my right to light?” In short – no, you can’t. But all is not lost… The reason being is that the Local Authority Planning department is not obliged or able to assess legal easements (a right to light is an [...]
What is a Light Obstruction Notice? Generally, windows will obtain a legal right of light after 20 years of the passage of light through an opening into a building. In most instances, to prevent this right from being obtained for the full amount of light that a window currently benefits from requires an interruption (of [...]
The General Principles Case law has determined that a legal right of light can be obtained through a defined aperture in a building. Generally, a legal right of light is obtained and legal action is taken via the Prescription Act 1832. Section 3 of this Act refers to light in relation to “… any dwellinghouse, [...]
Principles of legal rights of light Case law has determined that a legal right of light can be obtained through a defined aperture in a building. Statute states that there can be rights of light where there is the passage of daylight through such openings providing natural light to “…any dwellinghouse, workshop or other building”. [...]
Background to Section 203 Powers Section 203 of the Housing and Planning Act (S.203) replaced Section 237 of the Town and Country Planning Act 1990 (S.237). The powers contained within S.203 are not significantly different from S.237 with the main difference being the extension of these powers beyond just Local Authorities and regeneration agencies to [...]
Daylight & Sunlight Assessment Background As a party applying for planning permission, you may be asked by the Local Authority to provide a Daylight and Sunlight Assessment to explain to those assessing the application, the implications regarding how the proposed development might impact upon the light to neighbouring properties. Assessment Criteria The most common methodology [...]
The obvious choices when it comes to extensions For many homeowners in need of extra space, an extension to the side of the house, a first floor extension over the garage and/or changing a hipped roof to a gable to accommodate loft conversion rooms are the obvious options. For a room over the garage or [...]
People often ask us whether there is a difference in natural light requirements for a property located in a suburban area versus one in a city centre setting. This blog will explore your right to light in suburban vs city centre areas. Keep reading to find out more! Firstly, What Does ‘Right to Light’ Mean? [...]
