Rights of Light Surveyors North Yorkshire
Historic centres, spa and seaside towns and market towns make up North Yorkshire and rights of light questions follow wherever buildings stand close together. Blue Sky Surveyors advise in York, Harrogate, Scarborough, Skipton and Ripon from London, carrying out the survey visit ourselves. The first conversation is free.
Rights of light in North Yorkshire
York’s medieval centre and the Victorian streets around it put old buildings tight against one another. New flats and conversions have to fit among them. Harrogate has a Victorian spa-town stock of terraces and large villas, while Scarborough’s seafront and hillside streets are similarly dense. Skipton and Ripon are market towns with historic cores, where infill houses and extensions are built against long-established neighbours. The common thread is old windows that have had their light for far longer than twenty years.
Planning decisions are made by the local council in North Yorkshire, which in practice means North Yorkshire Council for most of the county and City of York Council for York itself. Either will look at daylight and sunlight under the BRE guide. Neither deals with rights of light, which are a private easement that planning permission leaves untouched and which the owner of the affected window can pursue separately with a solicitor.
Who we help in North Yorkshire
Neighbours. Where a scheme near you in York, Harrogate or on the coast raises a worry about light, send us the plans. We will measure up the windows concerned, tell you whether they are likely to lose light and explain what you can do.
Developers. Developers working on conversions, infill houses or flatted schemes in historic settings can have the proposal modelled against the surrounding buildings, with a clear list of the neighbouring windows at risk and the options for each.
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 North Yorkshire 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 North Yorkshire 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.
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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 North Yorkshire
If you need a daylight and sunlight assessment to support a planning application to the local council in North Yorkshire, see our daylight and sunlight assessment North Yorkshire page.
Areas we cover in North Yorkshire
York | Harrogate | Scarborough | Skipton | Ripon