Rights of Light Surveyors Oxfordshire
Blue Sky Surveyors work across Oxfordshire, including Oxford, Banbury, Bicester, Abingdon and Didcot, with our CAD and modelling partner based in Oxford itself. We act for neighbours concerned about a scheme and for developers who want the position on light settled. The first conversation is free.
Rights of light in Oxfordshire
Oxford sets the tone for rights of light in Oxfordshire. The compact centre and the Victorian and Edwardian terraces beside it leave little spare distance between buildings, so flats, student accommodation and extensions all sit close to existing windows. Banbury, Bicester, Abingdon and Didcot are growing towns where new housing meets older streets. Henley-on-Thames, Thame and Witney are market towns with historic cores where infill building is tight, so even a modest scheme can touch a neighbour’s light.
Oxfordshire does not have a single planning authority. Oxford City Council covers the city. Cherwell, South Oxfordshire, Vale of White Horse and West Oxfordshire district councils cover the rest, so the district council in Oxfordshire for the site decides the application. All apply the BRE guide to daylight and sunlight. None deals with rights of light, which are a private easement that stays in place whatever planning permission says.
Who we help in Oxfordshire
Neighbours. The application next door is the point to find out where your windows stand. We compare them with the proposed building, tell you how much light you may lose and set out what you can do.
Developers. Our modelling is done by a partner in Oxford, which suits schemes in the city and across the county. We identify the neighbouring windows that may have a right to light, test the effect of the proposal and advise on redesign, release or insurance.
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 Oxfordshire 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 Oxfordshire 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 Oxfordshire
If you need a daylight and sunlight assessment to support a planning application to the district council in Oxfordshire, see our daylight and sunlight assessment Oxfordshire page.
Areas we cover in Oxfordshire
Oxford | Banbury | Bicester | Abingdon | Didcot | Witney | Henley-on-Thames | Thame