Rights of Light Surveyors Gloucestershire
We cover Gloucestershire from London and carry out the survey visit ourselves. Blue Sky Surveyors advise on rights of light in Gloucester, Cheltenham, Stroud, Cirencester and Tewkesbury, acting for neighbours worried about a scheme and for developers who need the position settled before they build. The first conversation is free.
Rights of light in Gloucestershire
Gloucestershire’s building stock varies from town to town and so do the rights of light questions. Cheltenham’s Regency terraces and villas, many of them converted to flats, stand close together. Gloucester has a city centre and docks area where older warehouses and converted buildings sit near newer housing. Stroud’s steep valley sides put houses and former mills at different levels with tight relationships between them. Cirencester and Tewkesbury are market towns with historic cores, where an infill house or extension is often built hard up against a long-established neighbour.
There is no single planning authority for the county. An application goes to the district council in Gloucestershire where the site sits. There are six of them. Each assesses daylight and sunlight against the BRE guide and none deals with rights of light. Those are a private easement, they survive a grant of planning permission and they remain a matter between owners.
Who we help in Gloucestershire
Neighbours. Send us the address and plans for a scheme that concerns you in Cheltenham, Gloucester or the Stroud valleys. We visit, measure the relevant windows and tell you whether your light is at risk and what you can do.
Developers. We report which neighbouring windows carry a right to light that a larger extension, conversion or housing scheme may affect, then advise on amending the design, agreeing a release or insuring the risk.
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 Gloucestershire 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 Gloucestershire 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 Gloucestershire
If you need a daylight and sunlight assessment to support a planning application to the district council in Gloucestershire, see our daylight and sunlight assessment Gloucestershire page.
Areas we cover in Gloucestershire
Gloucester | Cheltenham | Stroud | Cirencester | Tewkesbury
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