Rights of Light Surveyors Exeter
A cathedral city with a historic centre, growing suburbs and a large student population, Exeter raises plenty of rights of light questions. Blue Sky Surveyors advise neighbours and developers in St Leonard’s, Heavitree, Pennsylvania, Exwick and Alphington. We cover the city from London and carry out the survey visits ourselves. The first conversation is free.
Rights of light in Exeter
Exeter’s Victorian terraces in St Leonard’s, Heavitree and St Thomas sit close to the centre and to each other, so an extension or a new building beside them affects windows only a few metres away. Student accommodation and flats are the second source, with larger schemes rising on sites near the centre. In Pennsylvania, Exwick and Alphington the picture is mostly houses, with rear and side extensions and infill plots.
Exeter City Council decides planning applications in the city, including those within the conservation areas of the historic core. It looks at daylight and sunlight against the BRE guide. It does not decide questions of rights of light. Those belong to the owners of the neighbouring buildings. Permission from the council does not extinguish them.
Who we help in Exeter
Neighbours. Terraces near the centre often back onto sites being redeveloped for flats or student rooms. We compare the plans with your windows and tell you where your light is likely to be affected.
Developers. Student blocks, flats and extensions in and around the conservation core all need the neighbouring windows checked early. We model the scheme, identify which rights of light may be affected and advise on design changes, a 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 Exeter 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. Exeter 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 Exeter
If you need a daylight and sunlight assessment to support a planning application to Exeter City Council, see our daylight and sunlight assessment Exeter page.