Rights of Light Surveyors Cambridgeshire
Based in London and working across Cambridgeshire, we advise neighbours and developers on rights of light in Cambridge, Peterborough, Huntingdon, Ely and St Neots. A first conversation costs nothing and is usually enough to tell whether a scheme next door is worth looking at in detail.
Rights of light in Cambridgeshire
Cambridge is the centre of gravity. Terraced streets, conservation areas and a steady flow of flats, student housing and commercial buildings put new buildings very close to existing windows. Peterborough has a different profile, with a city centre and larger development sites as well as older terraces. Huntingdon and St Neots are growing market towns. Ely and Wisbech have historic cores in which new building is bound to sit near existing windows.
Cambridgeshire’s planning authorities are Cambridge City Council, Peterborough City Council and the South Cambridgeshire, Huntingdonshire, East Cambridgeshire and Fenland district councils, so the district council in Cambridgeshire for the site decides the application. Each tests daylight and sunlight against the BRE guide. Rights of light are not part of that test. They are a private easement between neighbours that planning permission does not remove.
Who we help in Cambridgeshire
Neighbours. We review the proposal against your rooms and report on how your light is likely to change. If the scheme touches windows you have used for many years, we explain what a right to light means for you and where to take legal advice.
Developers. Developers in Cambridge and Peterborough usually need the rights of light position established early, because it affects how much can be built. We model the scheme, schedule the neighbouring windows at risk and advise on amending the design, 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 district council in Cambridgeshire 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 Cambridgeshire 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 Cambridgeshire
If you need a daylight and sunlight assessment to support a planning application to the district council in Cambridgeshire, see our daylight and sunlight assessment Cambridgeshire page.
Areas we cover in Cambridgeshire
Cambridge | Peterborough | Huntingdon | Ely | St Neots | Wisbech