Rights of Light Surveyors York
Strict conservation control and Victorian terraces set the context for rights of light in York. We advise neighbours and developers across Fulford, Heworth, Clifton, Acomb and Holgate, working from London and carrying out the survey visit ourselves. Speaking to us first costs nothing.
Rights of light in York
York is compact, historic and closely protected. Much of the centre sits inside a conservation area and the walls frame a tightly built core. Victorian terraces run through Holgate, Heworth and Clifton, where houses are close together and rear extensions and loft conversions are common. In suburbs such as Fulford and Bishopthorpe larger houses are being extended. Acomb has wider areas of twentieth century housing. Because so much of the city is old, a great many windows have long since passed the twenty years that a right to light needs.
City of York Council decides planning applications in the city and its conservation controls are strict. Officers assess daylight and sunlight against the BRE guide where a proposal affects neighbours. That process does not cover rights of light. A neighbour’s right to light is a private easement. Even a well-designed scheme with consent can interfere with it.
Who we help in York
Neighbours. Next door’s extension plans often arrive as a planning notice and little else. We can check the proposal against your windows from the address and the application and set out your options.
Developers. Owners and developers working in York’s conservation areas can have the design modelled against neighbouring windows early, so that any right to light is known before the scheme is drawn up in detail.
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 City of York 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. City of York 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.
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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 York
If you need a daylight and sunlight assessment to support a planning application to City of York Council, see our daylight and sunlight assessment York page.