Rights of Light Surveyors Maidstone
Maidstone is the county town of Kent. Blue Sky Surveyors act on rights of light matters there and in Bearsted, Allington, Loose, Barming and Boxley, for neighbours of new housing and town centre flats and for developers who want the position settled early. We offer a free first conversation.
Rights of light in Maidstone
Maidstone has changed a good deal around its edges. Large housing developments have gone up on the margins of the town, so older properties in the villages and suburbs nearby, such as Bearsted, Barming and Boxley, can find new building close to their boundaries. In the centre the picture is different: flatted schemes rise beside the river and the older commercial streets, often next to buildings whose windows have had their light for decades. Allington and Loose sit between the two, with established housing that can find a new block or extension close by.
Maidstone Borough Council is the planning authority for the town and decides applications against its local plan, with daylight and sunlight judged by the BRE guide. Rights of light are outside its remit. They are a private right held by the owner of the window. A grant of permission does not extinguish them, so the neighbour’s legal position stays open after the council has decided.
Who we help in Maidstone
Neighbours. A developer buying the field or yard behind you does not by itself change your rights, but it can change your light. Tell us what has been proposed and we will check your windows and explain where you stand.
Developers. On an edge-of-town estate or a town centre block, our model shows which neighbouring windows have rights at risk. We then recommend a route, whether redesign, release or insurance.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
Are you a Developer?
Are you a neighbour?
Blue Sky Surveyors was started in 2016 because at most major practices, small and medium-sized clients were not getting the same level of care as large-scale developers in rights of light negotiations. We believe that providing all of our clients with the same level of service puts us in a position to deliver a superior standard of work.
We reach the best possible outcome for our clients. We achieve this by working closely with them to understand their expectations and deliver a tailored service that serves them best. Through dedication and experience, we strive to provide our clients with the highest standard of service.
Frequently Asked Questions
What is right to light?
A right to light is an “easement” which is enjoyed by one property (the dominant party) and burdens another property (the servient party).
Do you enjoy a right to light?
You must be able to establish that you do indeed enjoy a right to light in order to be able to enforce it. The most common way of acquiring a right is through long-term enjoyment, which is outlined in the Prescription Act 1832.
What about compensation/damages?
The primary remedy for an infringement to a right to light is an injunction. However, in recent years judges have used discretion and sometimes awarded damages in lieu. There are many factors that can contribute to the likelihood of an injunction being granted.
Can I prevent someone acquiring a right to light?
It may be possible to prevent someone from acquiring a right to light through long-term enjoyment (as outlined in the Prescription Act 1832). You may be able to serve a Light Obstruction Notice (LON) which can interrupt a parties enjoyment of light over your property or land. Details of LONs can be found in the Rights of Light Act 1959.
Who may have a right to light?
Anyone with a proprietary interest in a property.
What is an infringement to a right of light?
If the erection of a building, or extension to an existing building, reduces the daylight to a room (or rooms) within a neighbouring property to below a threshold level, then this would constitute an infringement.
Releasing a right to light?
It is sometimes possible to reach a financial settlement with a neighbour for a release of their right to light and doing so will address the risk. However, it must be remembered that you cannot force an affected neighbour to accept compensation to release their right to light; although, in the vast majority of cases an agreement can be reached.
Will Maidstone Borough Council consider my right to light when deciding a planning application?
No. A right to light is a private legal right between neighbouring owners and sits outside the planning system. Maidstone Borough Council may ask an applicant for a daylight and sunlight assessment under the BRE guidelines, but planning permission does not override a neighbour’s right to light and a scheme that has been approved can still infringe one.
Still have questions? Call us for a free consultation on 020 7867 3955; or, if now is not a convenient time, arrange a specific date & time for a call using our booking system. Simply click the button below:
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Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Maidstone
If you need a daylight and sunlight assessment to support a planning application to Maidstone Borough Council, see our daylight and sunlight assessment Maidstone page.
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