Rights of Light Surveyors Northamptonshire
Northampton, Kettering, Corby, Wellingborough and Daventry each bring their own rights of light enquiries. Blue Sky Surveyors act for neighbours concerned about a nearby scheme and for developers who need the position settled first, covering the county from London. We do not charge for the first conversation.
Rights of light in Northamptonshire
Our Northamptonshire work splits by town. Northampton is the largest, with a dense centre and terraced streets around it. Kettering and Wellingborough bring established residential streets where extensions and infill houses are the usual concern. Corby, a newer town by comparison, has estates where homes sit close together and later additions affect neighbours. Daventry and Towcester add market-town centres and village edges where growth has put new buildings next to older homes.
There are two authorities. West Northamptonshire Council covers Northampton, Daventry and Towcester while North Northamptonshire Council covers Kettering, Corby and Wellingborough. In both cases the local council in Northamptonshire decides planning applications and looks at daylight and sunlight against the BRE guide. Neither deals with rights of light, which remain a private right between neighbouring owners after permission is given.
Who we help in Northamptonshire
Neighbours. Anyone living next to a proposed extension, conversion or new estate can have the plans tested against their windows. We will tell you where your light is exposed and what you can do about it.
Developers. Schemes at the edge of a town and within one both depend on the same early information. We model the proposal against the surrounding windows, identify those that may have a right to light and advise on design changes or a release.
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 Northamptonshire 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 Northamptonshire 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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Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Northamptonshire
If you need a daylight and sunlight assessment to support a planning application to the local council in Northamptonshire, see our daylight and sunlight assessment Northamptonshire page.
Areas we cover in Northamptonshire
Northampton | Kettering | Corby | Wellingborough | Daventry | Towcester
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