A Law Commission consultation ended yesterday which could see laws protecting home owners’ historical rights to light extinguished for good.
The proposed legislative change means that while home owners can currently contest plans for developments that overshadow their homes, they would no longer be able to claim a right to light. They would no longer be able to cite this as a reason for next door's massive extension to be turned down, for example.
Hugh Berridge, senior partner at QualitySolicitors Clapham & Collinge, Norwich, said: “Home owners may fear that this potential legal change could significantly impact upon the value of their property.
“There could be implications on the value of people’s houses as a result, with access to natural light being a quality many of us choose to prioritise when buying a house.
“The Government’s primary aim here appears to be promoting housing developments and curbing the delays in building projects held up by objections in the planning process. However, it could be ordinary home owners who ultimately pay the price.
“If the Law Commission chooses to support the proposals, home owners will lose a weapon to fight neighbouring developments that may affect the access their homes have to natural light. This may have an impact on the value of their homes.
“The issue is likely particularly to affect home owners in cities and larger towns where it is probable that well-positioned open spaces will be a primary target for developers.
“The current law provides all types of property owners with protection of their right to light from new developments.
“One case [HXRUK11 (CHC) Ltd v Heaney] saw one such property owner successfully reduce the height of a development overshadowing their office building by two storeys, reducing the developer’s profits by £1.4m.
“In this instance, the court clearly found the developer’s right to profit secondary to the property owner’s right to light and ordered the height of the building to be reduced rather than payment of a sum of money to compensate the property owner.”
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Comments
Planning has been about not what is taken away but what is left as far as light is concerned.
Went to a planning meeting where an archtect had a proposal at the end of his garden for a house and the distance was well above minimum guidlines by the planners yet his comment at the meeting was, and I quote, " the end of my garden will be in complete darkness". I commented quite loudly "what a load of sphericals". I got told off but consent was granted. The light left was sufficient.
Whats the problem here?
this is not a good thing and I pity anyone living next door to a proposed development.
Ugly extensions by cowboy builders with no archtectural input, this is going to make some awkward sales in the future that will never fully realise their potential
While this may be a "one size fits all" rule, it will stop the present unfair situation where one householder can build a rear extension, with windows to the sides, whilst his neighbour who wants a similar extension cannot build one, because it will block the first neighbour's light.
Property Developers in calhoots with the Law Society and the Government? Makes it easier for them all round if it goes through. Disgraceful!