In December 2024 planning laws were relaxed, because of this there is an expectation that it will drive disputes over ‘right-to-light.'
See part 1 for an overview of right to light in the UK.
Right to light is assessed by measuring the percentage of visible sky from a specific point. if at least half the rooms floor area at working plain height (The work plane height is the height of the surface where the main tasks are performed) is illuminated by 0.2% of the visible sky.
A claim for infringement of the right to light may arise If the light is reduced below this level by a new development.
If a right to light is infringed, you can apply for an injunction, damages or both against the person interfering with the right, regardless of planning permission being granted. This can be made at anytime before the development is completed to prevent it or after the development is completed obtaining an order for the development to be demolished.
Compensation is worked out by assessing the financial impact on the property value and how much profit the developer is set to make from the project.
For more information and advice on right to light disputes contact our litigation team on 020 8290 0440.