Rights of Light Surveyors Tunbridge Wells
Our rights of light work around Tunbridge Wells covers Southborough, Pembury, Rusthall, Langton Green and Paddock Wood. The work is for neighbours of extensions and for owners who want the position agreed before they build. There is no charge for a first conversation.
Rights of light in Tunbridge Wells
Tunbridge Wells is a town of large Regency and Victorian houses, many of them on sloping ground and close to their neighbours. Demand for space is high so extensions are frequent. A two-storey rear addition or a new side wing can end up directly in front of a neighbour’s window. Southborough, Rusthall and Langton Green have the same older housing. Pembury and Paddock Wood are more mixed, with newer estates beside the original village cores. Most of these houses have enjoyed their light for well over twenty years.
Conservation area controls give Tunbridge Wells Borough Council a close interest in the design of any extension or new house in the town. Its officers consider daylight and sunlight under the BRE guide when it is relevant. The council has no remit over rights of light. They are a private easement that an owner can raise whatever the council has decided.
Who we help in Tunbridge Wells
Neighbours. A neighbour’s plans for a rear extension or a new wing can look modest on the drawings. Let us have the application details and we will check how they relate to your windows and set out the options open to you.
Developers. Before an extension or new house in a conservation area reaches final design, we model it against the neighbouring windows and tell you which carry a right to light. Where one does, we set out the options, such as a smaller footprint 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 Tunbridge Wells Borough 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. Tunbridge Wells Borough 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.
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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 Tunbridge Wells
If you need a daylight and sunlight assessment to support a planning application to Tunbridge Wells Borough Council, see our daylight and sunlight assessment Tunbridge Wells page.