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<\/p>\nI have litigated several rights to light cases. It is only when I got involved in these cases that I appreciated such an impact right to light has on building design, particularly in central London where it is highly built up.\u00a0The anticipated impact of skyscrapers blocking their neighbours\u2019 windows plays is integral to design.\u00a0 Think of the Walkie Talkie and Gherkin buildings \u2013 might respecting neighbours\u2019 rights to light have had a contribution to their end design?\u00a0I don\u2019t know, but probably.<\/p>\n
There are specialist rights of light surveyors who prepare modelling and cut back designs for developers where a neighbouring building or buildings have acquired a right to light, and the new building is anticipated to impact the natural light being received by those windows.\u00a0In order to be actionable in law by an owner whose light is, or is anticipated to be, infringed, the obstruction must make the building less fit than it was before the construction, for the purpose of business or occupation according to the \u2018ordinary notions of mankind\u2019.\u00a0<\/p>\n
Recently, the cases of Powell v Ludgate House Limited<\/u><\/strong> and Cooper v Ludgate House Limited<\/u><\/strong> have hit the headlines.\u00a0Mr and Mrs Powell who have a 6th<\/sup> floor apartment in Bankside Lofts claim that the recently constructed Arbor Tower, which is part of a \u00a32billion Bankside Yards development (the full development is yet to be completed), is making it hard for them to read in bed.\u00a0Mr Cooper is the owner of a 7th<\/sup> floor apartment.\u00a0Collectively they seek an injunction which, if successful, could potentially lead to the \u00a335m Arbor Tower building being demolished, or the wider development and Arbor Tower building reconfigured to prevent the nuisance.<\/p>\n Alternatively, they claim damages in lieu of the injunction, which could ring in the \u00a3millions.\u00a0What is said is that in the face of the right to light, the developer proceeded to construct the Arbor Tower as part of a wider scheme.\u00a0Instead of construction being halted to negotiate a release of the rights to light enjoyed by neighbours, construction proceeded, which resulted in the build and associated cost being far less than if the scheme had been delayed allowing for concluding a settlement of the claim.<\/p>\n Another real difficulty for the developer is that the 19-storey office building is occupied, so an injunction will impact those occupiers, as well as the cost of demolition \/ reconfiguration should the injunction be considered the appropriate sanction.<\/p>\n The cases were heard in April, and Judgment is expected in July.\u00a0 \u00a0\u00a0\u00a0<\/p>\n If you wish to discuss these right to light cases, please contact Helen in our Property Litigation team<\/a>. <\/p>\n<\/p><\/div>\n Helen Williams<\/a> is a Partner at Stephens Scown.<\/p>\n If you are seeking advice or have any questions in relation to this article, you can contact us by calling 0345 450 5558<\/a> or by emailing enquiries@stephens-scown.co.uk<\/a><\/p>\n Alternatively fill out the form below and we\u2019ll get in touch right away.<\/p>\n<\/p><\/div>\n “*<\/span>” indicates required fields<\/p>\n<\/p><\/div>\n<\/p><\/div>\n \t\t Next Steps<\/h2>\n
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