Rights of Light Surveyors Dorset
Dorset has two planning authorities but only one body of law on rights of light. Blue Sky Surveyors act for neighbours and developers in Bournemouth, Poole, Dorchester and Weymouth, covering the county from London and visiting every site ourselves. A first conversation about your position is free.
Rights of light in Dorset
The coast and the market towns generate different work. Along the Bournemouth and Poole seafront and harbour edge, blocks of flats stand close to older villas and to each other, so a new building is likely to be near someone’s windows. Christchurch adds a historic town with limited space. Dorchester, Weymouth and Wimborne are different again, with older streets where a rear extension or an infill house sits tight against its neighbours.
Planning is decided by the local council in Dorset, which means Dorset Council across most of the county or BCP Council (Bournemouth, Christchurch and Poole) on the coast. Both assess daylight and sunlight against the BRE guide. Neither deals with rights of light. They are a private easement between owners and neither council can remove one by granting permission.
Who we help in Dorset
Neighbours. A planning notice for a block of flats on the seafront or an extension in a town terrace raises the same question about your light. We can read the plans against your windows and tell you where you stand.
Developers. We give developers working in Dorset a clear picture of the neighbouring windows before the design is fixed. We model the proposal, report on the risk and advise on redesign, a negotiated release 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 the local council in Dorset 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 local council in Dorset 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:
Book a Consultation
We deliver a superior standard of work
Get in Touch
We will be in touch to discuss your situation within one working day, free of charge.
Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk
Get Social with us
Daylight and sunlight reports in Dorset
If you need a daylight and sunlight assessment to support a planning application to the local council in Dorset, see our daylight and sunlight assessment Dorset page.
Areas we cover in Dorset
Bournemouth | Poole | Christchurch | Dorchester | Weymouth | Wimborne