Rights of Light Surveyors Leamington Spa
Leamington Spa, Warwick and Kenilworth sit close together and Blue Sky Surveyors cover all three on rights of light, along with Lillington, Milverton and Whitnash. We work from London and travel to Warwickshire for every site visit, acting for neighbours and developers. The first conversation is free.
Rights of light in Leamington Spa
Leamington’s Regency terraces were built with tall windows and generous rooms. The town has kept much of that fabric. Many of the houses are listed or in conservation areas, so alterations tend to go to the rear and the roof, which is where a neighbour’s light is affected. Large houses split into flats and student lets mean more windows face each other than the plots suggest. Further out, Lillington, Milverton and Whitnash are residential suburbs where the work is mostly house extensions. Warwick and Kenilworth add older centres with close-set buildings.
Warwick District Council is the planning authority for Leamington Spa, Warwick and Kenilworth. Where a building is listed or in a conservation area the council weighs heritage alongside daylight and sunlight, which it assesses against the BRE guide. A right to light sits outside both exercises. It is a private easement that planning permission and listed building consent do not override.
Who we help in Leamington Spa
Neighbours. Student lets and converted flats mean a lot of windows face any new extension. We compare the drawings with the rooms that look onto it, flat by flat where needed. The result shows what the scheme does to each.
Developers. Listing and conservation area controls limit what can be done to a front elevation, so extensions often go at the rear. We model the neighbouring windows and advise on massing, release or insurance before the design is fixed.
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 Warwick District 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. Warwick District 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 Leamington Spa
If you need a daylight and sunlight assessment to support a planning application to Warwick District Council, see our daylight and sunlight assessment Leamington Spa page.