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Right to Light
The 'Planning' Right to Light
Many planning authorities now require light issues to be addressed as part of a planning application. We can provide the required evidence and reports showing if neighbouring properties are adversely affected by a new development, extension or wall to assist with gaining planning approval. This can also be useful to assess the maximum envelope area of a new development to ensure it falls within allowable parameters.
Our reports are used to support planning applications, planning appeals or planning objections.
Guidelines for planning applications are set out in Building Research Establishment (BRE) Digest 209 ' Site Layout Planning for Daylight and Sunlight'. We therefore carry out the four main tests; assessment of vertical sky component, daylight distribution test, probable sunlight hours test and shadow path analysis.
The 'Legal' Right to Light
Recent court cases have highlighted the importance of dealing with this issue as early as possible as a court is able to impose an injunction on a developer even after the building has been completed. This can mean that the obstruction would have to be reduced in height or potentially significant compensation payments made to the affected neighbour.
The standards used to show a 'legal' Right to Light injury are different to those used for planning purposes and therefore it's important to be aware that planning approval does not automatically protect a developer from a subsequent legal claim.
Our Daylighting expertise mean that we are able to carry out the detailed evaluation work to determine if an 'injury' has been incurred. Because we are Members of the Royal Institution of Chartered Surveyors we are also able to quantify the financial 'value' of the loss if required.
As this is generally settled out of court we can also carry out the negotiations for our clients with the back up of our detailed analysis of the extent of the light loss.
For further information please call us and download our Brief Guide to Right of Light here.
Due to popular demand we are running a seminar on this topic in March at our London office. For further information please click here.
With engineers strategically placed throughout the Midlands and further we provide a local, cost effective service at short notice. The areas we cover include: Bedfordshire, Cambridgeshire, Derby, Derbyshire, Herefordshire, Leicester, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, Nottingham, Nottinghamshire, Peterborough, Rutland, Shropshire, Staffordshire, Stoke-on-Trent, Telford and Wrekin, Wales, Warwickshire, West Midlands, Worcestershire