Rights of Light Surveyors West Yorkshire
Rights of light matters in West Yorkshire run from tall buildings in Leeds to stone terraces on the hillsides. We act for neighbours and developers across Leeds, Bradford, Wakefield, Huddersfield and Halifax. We cover the region from London and carry out the survey visit ourselves. The first conversation is free.
Rights of light in West Yorkshire
Leeds is the regional centre, with tall residential and office buildings in the city centre and older streets close by where a new block can sit beside existing windows. Bradford, Huddersfield and Halifax are different: stone-built terraces and former mills, many now converted to flats, on hillsides where one building sits above or below another and the effect on light is not always obvious from the plans. Wakefield is a cathedral city with a historic centre and suburbs around it, where extensions and infill plots bring the smaller cases.
West Yorkshire has five metropolitan councils, so the local council in West Yorkshire that decides your application depends on where the site is. Each looks at daylight and sunlight against the BRE guide and none deals with rights of light. A right to light is a private easement that a planning permission does not remove. Any claim sits with the owner and their solicitor.
Who we help in West Yorkshire
Neighbours. On a hillside or in a close-set terrace, a new building can change the light to your windows in ways the planning drawings do not show. We can check the position for you.
Developers. City centre towers, mill conversions and small infill schemes are modelled against the neighbouring buildings. We identify the windows at risk and advise on the options, from amending the design to negotiating a release or insuring.
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 West 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 West 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 West Yorkshire
If you need a daylight and sunlight assessment to support a planning application to the local council in West Yorkshire, see our daylight and sunlight assessment West Yorkshire page.
Areas we cover in West Yorkshire
Leeds | Bradford | Wakefield | Huddersfield | Halifax