Rights to light

mudlouse · 14 March 2017 at 10:28PM

Hi,

I've been living in London for a number of years now. The local housing association has issued a compulsory purchase order for several blocks of flats with the aim of regenerating the area.

My house (that I own) is not situated on their list of land to purchase (phew!).

But they have sent me a lot of information, because my house is right on the boundary of land they will be acquiring. I have been identified as having a possible actionable claim to 'Rights of Light'.

I think this is because whatever they will be building in place of the existing flats, may block some of the sky that faces a side of the house. The existing flats are relatively low, so currently isn't a problem.

Anyways, does anyone know if my understanding is right? and if so, how should I proceed? Do I need to involve solicitors?

What I mean is, I'd like to find out how I will be impacted - I'd like to see the regeneration plans from the housing association to determine how I will be affected. Obviously, I'd rather they not build something that blocks out all the light - realistically I doubt I can stop them, the next best may involve seeing if they have anything arranged in terms of compensation.

Thanks in advance.

lincroft1710 · 15 March 2017 at 4:59PM

You can't realistically do anything until the HA submit a planning application to the planning dept of the council. As a neighbouring occupier you will usually receive very brief details of the planning app, which you can view in more detail online or at the council offices.

You can object to the planning application and possibly get your local councillor onside. But unless it is a severe loss of light it is doubtful if your objection would carry much weight, so you would have to check if in any other way the building offended the council's current planning policy.

Also doubtful is the matter of compensation, neither HAs nor councils are known to offer compensation to neighbours affected by planning decisions unless it later transpires there were irregularities.

davidmcn · 15 March 2017 at 5:21PM

lincroft1710 wrote: »

Also doubtful is the matter of compensation, neither HAs nor councils are known to offer compensation to neighbours affected by planning decisions unless it later transpires there were irregularities.

Think we're talking about actual rights to light (as a property right) rather than planning considerations. Not sure of exact procedure but compulsory purchases normally include costs of the sellers' professional advisers, in which case yes the OP should seek legal advice.

xylophone · 15 March 2017 at 5:50PM

http://www.rics.org/uk/knowledge/consumer-guides/rights-to-light/
may be worth a look.

ComicGeek · 15 March 2017 at 6:01PM

Just make sure you do not sign anything to give up your rights to light - it could be worth a lot of money!

ReadingTim · 15 March 2017 at 6:54PM

xylophone wrote: »

http://www.rics.org/uk/knowledge/consumer-guides/rights-to-light/
may be worth a look.

But do other research too - for example wikipedia's entry on the subject says the following:

Recent case law from 2010, relating to a commercial development in the centre of Leeds (HKRUK II v Heaney) has significantly changed the perceptions of risk associated with right-to-light, particularly in the context of commercial schemes. This case upheld an injunction against a commercial property. The result of this is that many developers are now looking to work with local authorities to try to use section 237 of the Town and Country Planning Act 1990. This potentially stops injunctions against schemes that have over-riding social or economic advantages to an area.

Urban regeneration by a Housing Association might well fall into this category....

lincroft1710 · 15 March 2017 at 9:30PM

davidmcn wrote: »

Think we're talking about actual rights to light (as a property right) rather than planning considerations. Not sure of exact procedure but compulsory purchases normally include costs of the sellers' professional advisers, in which case yes the OP should seek legal advice.

Neither I nor OP were referring to compulsory purchase. OP is wondering if they lost light whether they could claim compensation.

ComicGeek · 15 March 2017 at 11:06PM

lincroft1710 wrote: »

You can't realistically do anything until the HA submit a planning application to the planning dept of the council. As a neighbouring occupier you will usually receive very brief details of the planning app, which you can view in more detail online or at the council offices.

You can object to the planning application and possibly get your local councillor onside. But unless it is a severe loss of light it is doubtful if your objection would carry much weight, so you would have to check if in any other way the building offended the council's current planning policy.

Also doubtful is the matter of compensation, neither HAs nor councils are known to offer compensation to neighbours affected by planning decisions unless it later transpires there were irregularities.

2 completely separate issues raised by the OP - connected by impact on daylight, but completely separate in legal terms:

1) Planning - the OP has a valid objection if the proposals would reduce the existing daylight levels within their habitable rooms by more than 20%, although this wouldn't normally be grounds by itself for throwing out the proposals.

2) Rights to Light - not covered at all under planning policy or permission, is a separate legal issue between the developer and the OP. The OP could get compensation for any reduction in daylight, or could get an injunction against the physical building of the development if it is a significant reduction. Hence the initial contact by the HA to start communication, as this could stop the development if not managed properly.

mudlouse · 16 March 2017 at 9:59PM

Hi all, thanks for the replies.

Just a bit more info on this. The housing association have already demolished and built flats on the earlier phases of the regeneration project. They've been in touch previously to let us nearby residents know of their intentions (the CPO and regeneration, but no designs). To be honest, it is a real improvement to the area - though it has priced out a lot of people.

They have moved into the phase that indirectly impacts me now. The CPO's have begun, most of the directly affected residents have moved out and properties boarded up.

My main interest now is finding out what they plan to build near me (I'll try contacting the housing association to find out), and if it does block out quite a lot of light I do want compensation (do I need a solicitor for this? or is it something I can do?).

Fuzzyness · 17 March 2017 at 11:47AM

out of interest, does the block they (the HA) acquired already have planning permission by any chance? i

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Rights to light

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