Rights of Light Surveyors Canterbury
Canterbury’s tight medieval street pattern puts old buildings and new proposals very close together. Blue Sky Surveyors advise on rights of light in the city and in St Dunstan’s, Wincheap, Harbledown, Whitstable and Herne Bay, acting for neighbours and for developers. The first conversation is free.
Rights of light in Canterbury
Canterbury is a walled medieval city and the streets around it were laid out tightly, so many windows face their neighbours across short distances. Student housing and the conversion of larger houses into flats add pressure for extensions and roof alterations, often inside conservation areas where the design is already closely watched. St Dunstan’s and Wincheap lie just outside the walls and share that character. Harbledown is quieter and more village-like, while Whitstable and Herne Bay on the coast bring seafront flats and terraced streets of their own.
Rights of light sit outside what Canterbury City Council can consider. The council weighs the effect of a proposal on neighbours’ daylight and sunlight under the BRE guide. In the conservation areas it weighs heritage and design as well, but a right to light is a private easement and a planning permission leaves it intact. A neighbour who has had the light for twenty years or more can raise it after consent has been granted.
Who we help in Canterbury
Neighbours. Canterbury residents next to a conversion, extension or new block can ask us to look at the plans. We will explain whether the light to your windows is likely to be reduced and what choices you have.
Developers. We model the scheme against the surrounding buildings, flag the windows that carry a right to light and advise whether to amend the design, seek a release or insure. That puts the position on paper before construction starts.
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 Canterbury City 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. Canterbury City 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.
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 Canterbury
If you need a daylight and sunlight assessment to support a planning application to Canterbury City Council, see our daylight and sunlight assessment Canterbury page.