Rights of Light Surveyors Windsor
Windsor’s tight conservation areas and the villages around it each bring their own rights of light questions. Blue Sky Surveyors advise neighbours reacting to a nearby scheme and owners planning their own, in Eton, Datchet, Old Windsor, Dedworth and Clewer. Your first conversation with us costs nothing.
Rights of light in Windsor
Windsor fits a lot of old building into a small footprint. Inside the conservation areas the streets are narrow and the houses stand close together, so even a modest extension has to be judged against what is already there. Victorian terraces repeat the pattern at a smaller scale. Out in Datchet and Old Windsor, with Eton across the river, the questions tend to involve substantial extensions and larger houses going up beside older homes that have had their light for decades.
The Royal Borough of Windsor and Maidenhead decides planning applications in Windsor and also handles conservation area controls and listed building consents in the town. It considers daylight and sunlight as part of an application, using the BRE guide as its yardstick. It does not adjudicate on rights of light. A neighbour’s right is a private easement that a planning permission cannot remove, which is why we treat the two processes separately.
Who we help in Windsor
Neighbours. Notices in a conservation area are easy to miss. Once we have the drawings we can check your windows against the proposal and explain the position in plain terms.
Developers. Schemes in Windsor often have to satisfy conservation officers as well as neighbours. We model the proposal against nearby windows and report which are at risk. We then advise on the most practical route to a settled position.
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 Royal Borough of Windsor and Maidenhead 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. Royal Borough of Windsor and Maidenhead 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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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 Windsor
If you need a daylight and sunlight assessment to support a planning application to the Royal Borough of Windsor and Maidenhead, see our daylight and sunlight assessment Windsor page.