Rights of Light Surveyors Southend-on-Sea
Seafront flats and Edwardian terraces give Southend-on-Sea much of its rights of light work. Blue Sky Surveyors cover Leigh-on-Sea, Westcliff-on-Sea, Chalkwell, Thorpe Bay and Shoeburyness as well, acting for neighbours affected by a scheme and for developers planning one. The first conversation is free.
Rights of light in Southend-on-Sea
Along the Southend seafront the buildings stand shoulder to shoulder, a mix of purpose-built flats and conversions. A new floor on one block or a rear addition to another can sit very close to someone’s bedroom or lounge windows. Westcliff-on-Sea and Leigh-on-Sea add Edwardian terraces, where narrow plots and rear projections leave little margin for light. Further east, Thorpe Bay and Shoeburyness are more open, so the issues there are mostly single-house extensions and the occasional infill.
Southend-on-Sea City Council handles planning here and applies the BRE guide when it looks at daylight and sunlight. Rights of light sit outside that process altogether. They are a private right, usually built up over twenty years of use. A planning permission granted next door does not take them away. What an owner can do about an infringement is a matter for them and their solicitor.
Who we help in Southend-on-Sea
Neighbours. A new storey on the block beside you or an extension behind the next terrace can cut the light to your rooms. With the planning reference we can usually tell you quickly what the drawings mean for your windows.
Developers. Flat conversions, seafront infill and added storeys all bear on neighbours’ windows. We model the scheme before the design is frozen and report on the rooms at risk, so you know where an amendment, a release or insurance would be 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 Southend-on-Sea 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. Southend-on-Sea 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 Southend-on-Sea
If you need a daylight and sunlight assessment to support a planning application to Southend-on-Sea City Council, see our daylight and sunlight assessment Southend-on-Sea page.
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