As with any development, although you may have been granted planning permission, this does not necessarily mean you can build your proposal. A Right to Light is an easement, similar to a Right of Way.
If Rights to Light are ignored and your development negatively affects your neighbour’s property, it could lead to an injunction (stopping the offending part of the development being constructed or removing it) or potentially sizeable compensation further down the line.
It is therefore in a developer’s best interest to tackle Rights to Light matters early on.
In each instance three questions need to be asked:
1) Have the affected windows of the property acquired a Right to Light?
2) If a Right to Light has been acquired, will unreasonable interference be caused by the proposed development?
3) If unreasonable interference is likely, what is the most likely remedy; an injunction or damages?
Dan Tapscott leads our Neighbourly Matters team and recently wrote an article published in Daylighting Magazine which discusses the key factors involved in undertaking a Rights to Light analysis and how to limit objections from the neighbours of your development.
Click here to read the full article.
Contact Dan for more information.