Rights of Light Surveyors Cheshire
Cheshire covers a wide spread of towns, among them Chester, Wilmslow, Macclesfield, Knutsford and Warrington. That means advising neighbours of new building and developers on rights of light. The county is covered from London and every survey visit is made by us in person. The initial conversation is free.
Rights of light in Cheshire
Cheshire is a county of very different towns. Chester is a walled city of historic streets, conservation areas and tightly packed buildings. Wilmslow and Knutsford are affluent commuter towns where large houses are extended and sometimes replaced, which brings new walls closer to neighbours. Macclesfield has Victorian terraces and mill buildings. Crewe and Warrington have the larger redevelopment sites. The rights of light question is the same in each but the buildings involved are not.
Planning is shared between Cheshire East Council, Cheshire West and Chester Council and Warrington Borough Council. In each case the local council in Cheshire weighs daylight and sunlight under the BRE guide where it is relevant. It does not decide rights of light, which are a private legal matter between neighbours. Planning permission does not override them.
Who we help in Cheshire
Neighbours. A planning notice, a site notice or a surveyor measuring up next door are the usual first signs. With the address and the plans we will say if your windows are likely to be affected.
Developers. Developers and owners in Cheshire can have a scheme modelled before it is submitted. We pick out the neighbouring windows with a right to light, explain what the model shows and set out the ways to deal with those affected.
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 the local council in Cheshire 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 local council in Cheshire 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 Cheshire
If you need a daylight and sunlight assessment to support a planning application to the local council in Cheshire, see our daylight and sunlight assessment Cheshire page.
Areas we cover in Cheshire
Chester | Wilmslow | Macclesfield | Crewe | Warrington | Knutsford