Rights of Light Surveyors Derby
Rights of light enquiries from Derby go to the surveyor who will visit the property. Blue Sky Surveyors act for neighbours and developers in Allestree, Mickleover, Littleover, Chaddesden and Darley Abbey, covering the city from London. There is no charge for the first conversation.
Rights of light in Derby
Derby’s rights of light work divides between the suburbs and the middle. Allestree, Mickleover, Littleover and Chaddesden are large suburban areas of estate housing, where light is usually generous until a two-storey extension or a new house on a back plot arrives. In the Victorian terraces nearer the centre the spacing is tighter and the effect of a rear extension is felt sooner. City centre regeneration is bringing taller and denser buildings. Darley Abbey, a former mill village on the Derwent, has older buildings of its own.
When Derby City Council decides a planning application it uses the BRE guide as its reference for daylight and sunlight. Rights of light are not part of that decision, so a permission from the council tells the applicant nothing about whether a neighbour holds a right that the scheme would infringe. A right to light is a private easement and any question of infringement is for the owner and their solicitor.
Who we help in Derby
Neighbours. Neighbours in Derby’s suburbs often notice a scheme only once a plot is cleared or a frame goes up. The earlier we see the plans the more options there are for your light.
Developers. Estate infill, terrace extensions and city centre sites all go through the same process with us. We model the scheme, test it against neighbouring windows and give a clear view of the risk and the ways of dealing with it.
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 Derby 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. Derby 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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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 Derby
If you need a daylight and sunlight assessment to support a planning application to Derby City Council, see our daylight and sunlight assessment Derby page.