Partner Paul Greatholder has written an article for Planning in London that explores the ‘right to light’, citing the City of London Corporation’s blockage of an injunction brought by neighbours to halt its Justice Quarter development works.
He explains what is meant by ‘right of light’ and how entitlement is determined, describing the conflict as symptomatic of a wider problem in which individual property owners are deemed to have the power to frustrate developments that otherwise benefit wider society.
Paul advises that those affected should try to strike a balance between robustly pursuing their claims and accepting that, in the event the authority resorts to its statutory rights under section 203 of the Housing and Planning Act, they may ultimately receive less compensation.
It is important to understand that a right to light is not a right to a view, nor is it a right to sunlight… it is a right to enjoy a particular amount of sky-view, arising from the long use of identified windows.”
In the case of the Justice Quarter the City through its appointed surveyors had taken commercial negotiations with neighbours as far as it thought possible, reaching agreement with around half of them. This still however left other potential claims unresolved... as such the City exercised its powers under Section 203 and overrode the rights of the neighbours, who must now look to their rights for compensation under the Act."
The full article is available to read online at Planning in London.
Paul Greatholder is a partner in the property litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.
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