Rights of Light Surveyors Cheltenham
Regency terraces and villas in Montpellier and Pittville and large extensions in Leckhampton, Charlton Kings and Prestbury give Cheltenham its mix of rights of light questions. We cover the town from London and carry out the survey visit ourselves. First conversations are free.
Rights of light in Cheltenham
Montpellier and Pittville are known for Regency terraces and villas, many of them listed. A good part of both sits within a conservation area. Alterations there are controlled closely but rear and roof additions still happen. The long-standing windows next to them matter to their owners. Leckhampton and Charlton Kings are the busier districts for large extensions, where older houses are being enlarged to the rear and sides, sometimes right up to a boundary. A neighbour in either place may have had unbroken light for decades.
Cheltenham Borough Council decides planning and listed building applications for the town. Its officers apply the BRE guide where daylight and sunlight are in issue. Conservation officers look separately at heritage. None of that touches rights of light. Planning or listed building consent does not remove a right to light, which is a private easement, so a scheme with every approval can still raise a dispute with a neighbour.
Who we help in Cheltenham
Neighbours. Approval for a scheme next door says nothing about your light. With the plans and the address we can look at them against your windows and give you a clear view of the position.
Developers. Villa extensions and infill plots can be modelled against the neighbouring windows before the design goes in. We report on which windows carry a right to light and what can be done about each.
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 Cheltenham Borough 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. Cheltenham Borough 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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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 Cheltenham
If you need a daylight and sunlight assessment to support a planning application to Cheltenham Borough Council, see our daylight and sunlight assessment Cheltenham page.
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