Rights of Light Surveyors Chelmsford
Chelmsford has flats in the city centre, suburban semis in Moulsham and Great Baddow and new garden communities at its edge. Each raises its own rights of light questions. Blue Sky Surveyors act for neighbours and developers across the city, including Springfield and Writtle. There is no charge for the first conversation.
Rights of light in Chelmsford
Moving out from the centre of Chelmsford the rights of light picture changes with each ring of housing. In the city centre the questions come from flats built close to older offices and homes. Moulsham and Great Baddow are suburban semis where an extension can sit near a neighbour’s kitchen window. At the edge the garden communities add large numbers of new homes beside older streets. Writtle and Broomfield keep a village feel, where one new house can stand very close to another.
Chelmsford City Council determines planning applications across the city and looks at daylight and sunlight with the BRE guide in front of it. Rights of light sit outside that process altogether. They belong to the owner of the window as a private legal right. The council does not decide them and they continue to exist after permission is granted.
Who we help in Chelmsford
Neighbours. An extension or a block of flats near you can cut the light to your rooms for good once it is built. We can assess the plans early and tell you where you stand while there is still time to respond.
Developers. Developers on city centre sites and on the edges of the suburbs come to us before they commit to a design. We model the scheme, identify the neighbouring windows that may have a right to light and advise on the practical options.
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 Chelmsford 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. Chelmsford 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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EC4M 7JN
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Chelmsford
If you need a daylight and sunlight assessment to support a planning application to Chelmsford City Council, see our daylight and sunlight assessment Chelmsford page.