Rights of Light Surveyors Devon
Devon is a large county and Blue Sky Surveyors cover it from London on rights of light, travelling for the survey visit. Enquiries come from Exeter, Plymouth, Torquay, Exmouth and Barnstaple and we act for neighbours and developers on schemes of any size. The first conversation is free.
Rights of light in Devon
Devon covers a great deal of ground and the rights of light picture changes across it. Exeter brings terraces and student accommodation close to the university and the city centre. Plymouth’s centre was rebuilt after the war and is now seeing newer residential and student schemes alongside older housing. Torquay and Exmouth have seafront streets of Victorian villas, many divided into flats, where an extension or new block can sit very close to neighbouring windows. In Newton Abbot and Barnstaple the work is more often extensions and infill on older streets.
Planning in Devon is split between eight district councils, Plymouth City Council and Torbay Council, so the authority depends on the site. In most of the county the district council in Devon will look at daylight and sunlight under the BRE guide, while Plymouth City Council and Torbay Council do the same for their areas. Rights of light fall outside all of them. They are a private easement and survive a planning permission.
Who we help in Devon
Neighbours. The planning drawings are usually enough for a first view. We compare them with your windows and explain whether your light is likely to be affected and what your options are.
Developers. We work from the drawings and a site visit, wherever in the county the site lies. The model of the surrounding buildings shows which neighbouring windows may carry a right to light and what that means for the design.
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 the district council in Devon 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. the district council in Devon 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 Devon
If you need a daylight and sunlight assessment to support a planning application to the district council in Devon, see our daylight and sunlight assessment Devon page.
Areas we cover in Devon
Exeter | Plymouth | Torquay | Exmouth | Newton Abbot | Barnstaple