Rights of Light Surveyors Winchester
In Winchester the cases tend to involve individual houses rather than blocks: an extension that takes light from a Victorian terrace or a new build on a large plot. Blue Sky Surveyors act for neighbours and developers across the city and the area around it, including Fulflood, St Cross, Weeke and Kings Worthy. The first conversation is free.
Rights of light in Winchester
A large part of Winchester sits within conservation areas. They control how a building looks rather than what it does to the light of the house next door. That gap is where most of our enquiries sit. The Victorian terraces in the city, including streets around Fulflood and St Cross, are close-set, so a rear extension or loft conversion reaches the neighbour’s windows quickly. The larger detached houses bring a different case: big replacement dwellings and extensions that are well designed and approved but still change the light on the neighbouring plot.
Across the city and the district, planning applications are decided by Winchester City Council. Its officers weigh design and heritage and look at daylight and sunlight under the BRE guide, but rights of light are not part of their remit. A right to light is a private easement belonging to the neighbouring owner. A planning permission does not remove it.
Who we help in Winchester
Neighbours. If a neighbour’s extension or new house has been approved close to your windows, the approval does not settle your light. We can look at the drawings and say what is affected.
Developers. A replacement house, an extension or a small scheme in the city starts with the neighbouring windows. We identify those at risk, model the proposal against them and advise on amending the design, 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
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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 Winchester 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. Winchester 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.
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Winchester
If you need a daylight and sunlight assessment to support a planning application to Winchester City Council, see our daylight and sunlight assessment Winchester page.