Rights of Light
Specialists in the field of Rights of Light, the Colliers team pride themselves in conveying detailed advice and best approach in dealing with this issue. Ben Salvage is a dedicated expert in this service and has extensive knowledge in dealing with such matters, he is also one of the few experts to also be a member of the Royal Institution of Chartered Surveyors.
Although an archaic common law matter, Rights of Light are still very prominent today and can have a significant impact on the feasibility of a development scheme. If not addressed head on, a Right of Light injury can have costly consequences to a developer further down the line with potential of injunction from injured parties.
A Right of Light is a negative easement, which benefits a property (dominant tenement) by allowing access to natural light over a neighbouring piece of land (servient tenement). If a development should block this access and cause a light nuisance, then the affected party is entitled to remedy and potentially removal of the obstruction.
Our advice is often the first step in a developments design as we can assess the client’s position and legal liability. Using the latest digital scanning and 3d modelling technology, we are able to provide design steering and a ‘light boundary’ to mitigate any potential infringements.
We also advise neighbours who have suffered an infringement due to a neighbouring development and ensure that they are fully informed about their position and the options available to them in order to seek redress.
You can view a recent article featuring Ben Salvage at this link.
Daylight Sunlight assessments are commonly requested by Local Planning Authorities to aid consideration of a planning application. Particularly in cities where there is increased population density and development, light is viewed as an increasingly valuable commodity.
Colliers are at the forefront of change and are able to advise on the latest conditions within the Daylight Sunlight field. This is helped by Ben Salvage, who is on the Working Party to co-author the updated Daylight Sunlight Guidance Note for the Royal Institution of Chartered Surveyors.
Colliers’ assessments follow the Building Research Establishment good practice guide ‘Site Layout Planning for Daylight and Sunlight 2011’. This being a ‘flexible’ document and the numerical standards set by the BRE are not to be used rigidly.
Using market leading software, we are able to analyse a development proposal, ensuring that the factors highlighted within the BRE Guide are accounted for and mitigating planning risk. We are also able to provide expert support on light related issues at planning appeals and public enquiry.