Rights of Light Surveyors Leeds
Leeds is a major city centre with a large student market. Blue Sky Surveyors cover it from London on rights of light, visiting each site and acting for neighbours and developers in Holbeck, Hyde Park, Headingley, Chapel Allerton and Roundhay. The first conversation is free.
Rights of light in Leeds
In Leeds the building type usually points to the problem. Tall blocks and converted mills in the city centre and Holbeck sit hard against existing flats and offices. The dense Victorian terraces of Hyde Park and Headingley, much of it let to students, see extensions and conversions that bring new walls close to rear windows. Around Chapel Allerton and Roundhay the larger villas and houses are extended. In Horsforth the issue is more often a single house extension.
A planning permission from Leeds City Council tells you what can be built. It says nothing about the light a neighbour is entitled to. Planning officers do test daylight and sunlight against the BRE guide. Rights of light are a private matter between owners, usually established by twenty years of use. The council has no part in them.
Who we help in Leeds
Neighbours. Landlords and owner-occupiers in the inner suburbs can both be affected when a neighbour extends or a tower goes up nearby. We read the drawings against your windows and tell you plainly what they mean.
Developers. For a tower, a mill conversion or a house extension we build the surrounding buildings into the model and report on each window that may carry a right to light. You then know where the design needs to change or a release is needed.
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 Leeds 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. Leeds 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 Leeds
If you need a daylight and sunlight assessment to support a planning application to Leeds City Council, see our daylight and sunlight assessment Leeds page.
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