Rights of Light Surveyors Medway
Neighbours and developers in Medway bring us rights of light questions about Victorian terraces, historic streets and river regeneration sites. Blue Sky Surveyors cover Rochester, Chatham, Gillingham, Strood and Rainham and visit every property in person. The first call is free.
Rights of light in Medway
Medway is a run of connected towns and the pattern changes from one to the next. Chatham and Gillingham are dominated by Victorian terraces, where rear extensions and loft conversions reach close to neighbouring windows. Rochester has a historic core of narrow streets and older buildings, so even a modest addition can affect a neighbour. Along the river, large regeneration sites mean taller new buildings going up beside existing homes and businesses. Strood and Rainham add suburban housing to the mix.
Medway Council is a unitary authority, so a single body decides planning applications across all of the Medway towns. It reads daylight and sunlight evidence against the BRE guide but does not deal with rights of light. Those are a private easement between the owners of the buildings, usually acquired after twenty years’ enjoyment. They stand apart from any planning decision. We keep the two questions separate in our advice.
Who we help in Medway
Neighbours. Residents in the Medway towns usually learn of a scheme from a council letter or a hoarding. We can review the plans, tell you whether your light looks likely to be affected and set out the next steps open to you.
Developers. On a riverside site or a terrace extension we check the proposal against neighbouring windows before the design is settled. Where there is a risk we set out practical options such as amendments, a negotiated release or an insurance policy.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
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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 Medway 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. Medway 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 Medway
If you need a daylight and sunlight assessment to support a planning application to Medway Council, see our daylight and sunlight assessment Medway page.
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