Rights of Light Surveyors Chester
Chester’s walled centre and Victorian suburbs each produce their own kind of rights of light dispute. Our clients in Hoole, Handbridge, Upton and Boughton are neighbours and developers alike. We travel to Chester from London and visit the site ourselves. The first conversation carries no fee.
Rights of light in Chester
Inside and just outside the walls, buildings from several centuries stand close together within extensive conservation areas, so even small alterations affect a neighbour’s window. Victorian terraces in Hoole, Handbridge and Boughton have narrow rear yards. A rear extension there can take real light from the house next door. The suburbs further out, Upton and Curzon Park among them, are more affluent with larger houses where the issue is more often a big rebuild or side extension.
Cheshire West and Chester Council is the local planning authority for the city and its suburbs. It applies conservation area controls across much of the historic city and looks at daylight and sunlight under the BRE guide when a scheme affects neighbours. Rights of light are not for the council. They are a private easement held by the owner of the neighbouring window and planning permission does not take them away.
Who we help in Chester
Neighbours. In a conservation area the planning notice is easy to underestimate. If a proposed extension is close to your windows, we can model its effect and say whether the loss of light is significant.
Developers. A scheme in a historic setting often has neighbours very close. We model it against their windows, identify any right to light risk and recommend how to deal with it, through design, negotiation 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 Cheshire West and Chester 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. Cheshire West and Chester 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 Chester
If you need a daylight and sunlight assessment to support a planning application to Cheshire West and Chester Council, see our daylight and sunlight assessment Chester page.