Rights of Light Surveyors Derbyshire
Derby, Chesterfield, Buxton, Matlock and Glossop are all within reach of Blue Sky Surveyors, who travel from London for rights of light work. We act for neighbours of new schemes and for developers who want the position settled first. Our first conversation with a new client is free.
Rights of light in Derbyshire
Buxton, Matlock and Glossop, in and around the Peak District, have older stone-built streets on sloping ground where buildings sit above and beside one another. Derby is a city of Victorian terraces and inter-war suburbs with redevelopment close to the centre. Chesterfield is a large market town. Where houses are packed together or stacked on a slope, even a small extension can affect a neighbour’s window. That is where most of the questions come from.
There is no single planning authority for the county. Eight district councils and Derby City Council each decide applications in their own area, so the district council in Derbyshire that matters depends on where the site is. They all assess daylight and sunlight under the BRE guide and none of them deals with rights of light. That is a private matter between owners and it carries on after permission is given.
Who we help in Derbyshire
Neighbours. Terraces on a slope can lose light quickly when a neighbour builds up. Send us the plans from a planning notice and we will check which of your windows are affected and what that means for you.
Developers. Sloping and tight sites call for accurate levels. We build them into a 3D model of your scheme, show which neighbouring windows carry a right to light and set out the choices, such as 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
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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 the district council in Derbyshire 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. the district council in Derbyshire 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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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 Derbyshire
If you need a daylight and sunlight assessment to support a planning application to the district council in Derbyshire, see our daylight and sunlight assessment Derbyshire page.
Areas we cover in Derbyshire
Derby | Chesterfield | Buxton | Matlock | Glossop