Rights of Light Surveyors South Yorkshire
Sheffield, Doncaster, Rotherham and Barnsley each run their own planning. Blue Sky Surveyors advise neighbours and developers in all four on rights of light. We cover the region from London and carry out the survey visit ourselves. Your first conversation with us is free.
Rights of light in South Yorkshire
Sheffield sets the tone for the region. It is a city built on hills, so levels vary from one house to the next and a new wall can affect windows above or below it. The city centre and the university areas have flats and student blocks going up against older buildings. Doncaster, Rotherham and Barnsley have town centre regeneration and new housing on former industrial land, with older terraces alongside the newer schemes.
South Yorkshire’s four metropolitan councils (Sheffield, Doncaster, Rotherham and Barnsley) each decide their own planning applications, so the local council in South Yorkshire is the one for the town or city the site is in. They apply the BRE guide for daylight and sunlight. Rights of light sit outside the planning system altogether, as a legal right held by neighbouring owners.
Who we help in South Yorkshire
Neighbours. A rear extension on a Sheffield terrace or a block on a town centre site can both change the light you have had for years. We compare the proposal with your windows and explain what it could mean for you.
Developers. Redevelopment sites, conversions and extensions in the region often sit beside long-established buildings. We model the proposal, identify which neighbouring windows may carry a right to light and advise on design changes, a 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 the local council in South Yorkshire 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 South Yorkshire 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 South Yorkshire
If you need a daylight and sunlight assessment to support a planning application to the local council in South Yorkshire, see our daylight and sunlight assessment South Yorkshire page.
Areas we cover in South Yorkshire
Sheffield | Doncaster | Rotherham | Barnsley