Maximizing development potential, minimizing risks
Rights to Light is a private legal matter between developing and neighbouring parties. It should be appreciated at the outset that the grant of planning permission does not grant the protection from private law claims for infringements of Rights to Light (Hunter v Canary Wharf Ltd 1997).
In addition, the guidelines usually applied in deciding whether to grant planning permission are different to those used by the courts in establishing whether a Right to Light infringement has occurred.
Eb7 undertakes Rights to Light assessments on all scales of development from small residential extensions to large urban regeneration projects.
Using our experience and extensive knowledge we provide detailed advice in the following ways:
- Providing building envelopes to show the maximum massing for a site which is unlikely to cause unreasonable Rights to Light injuries.
- Assessing proposed schemes to quickly establish the likely impact upon the neighbouring owners, the potential risk of an injunction and compensation budgets.
- Should our analysis of a proposed scheme indicate more serious infringements of neighbouring Rights to Light we can provide ‘cutbacks’. This would show the areas of the scheme that could be amended to mitigate the injury. The analysis can also demonstrate areas of potential additional massing whilst avoiding any unreasonable interference of light.
- In the event compensation is the appropriate resolve, we can approach the neighbouring owners to negotiate the release of Rights to Light.
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