Rights of Light
Specialists in the field of Rights of Light, the Colliers International team pride themselves in providing clear strategic advice and guidance to both developers and neighbouring owners. Cathryn Buckland is a dedicated expert and has gained extensive experience from working on a range of small projects to Masterplan led developments.
Although an archaic Common Law matter, Rights to Light is one of the key constraints for developers and can have a significant impact on the buildability of a Site. If not addressed, a Right of Light injury can have significant cost and delay implications to a developer and can result in an injunction being served.
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 likely level of infringement. Using the latest digital scanning and 3D modelling technology, we are able to guide the design process 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 of their position and the options available to them in order to seek redress.
You can view a recent article featuring one of our team of experts, Ben Salvage, following this link.
Daylight & Sunlight assessments are commonly requested by Local Planning Authorities to aid a planning determination; particularly in City centres where there is increased population, density and development as light is viewed as an increasingly valuable commodity.
Colliers International are at the forefront of change and are able to advise both the developing party and potentially affected neighbouring owners. Colliers International’s assessments are in line with the Building Research Establishment (BRE) document ‘Site Layout Planning for Daylight & Sunlight: A Guide to Good Practice’. This being a ‘flexible’ document and the numerical standards set by the BRE Guidance are not to be used rigidly.
Using market leading software, we are able to analyse a development proposal, ensuring that the principles of the BRE Guidance are followed to form our baseline approach. We are also able to provide expert support on light related issues at planning appeals and public enquiry.