Rights of Light & Daylight Studies

Our commitment to each project is based on a close client relationship involving trust and flexibility, bound by professional service.

What is a Right of Light?

A rights of light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities. Rights of light must therefore be considered even if the planning permission has been granted. Rights of light can affect both domestic and non-domestic properties – even non habitable rooms are capable of enjoying a right of light.

In England and Wales a rights to light is usually acquired under the Prescription Act 1832. Under the Act a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.

An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.

Calculations & Reports

Using specialist computer software we can tailor our advice to suit your project requirements and our rights of light reports will typically cover the following areas:

  • Calculations to confirm potential injury
  • Identification of injunction risks
  • Compensation valuations where risks are identified
  • Advice on the appropriate strategy for dealing with rights of light risks

We can help you maximise site potential by calculating the optimum development size known as maximum envelope. By providing an appropriate rights of light strategy we can often exceed the maximum potential by reaching agreements with affected neighbours or putting insurance in place to cover potential claims

Natural Light Assessments

Whilst there is currently no specific National Planning Policy relating to daylight and sunlight impacts, some planning authorities are taking these factors into account as material planning considerations.

Daylight and Sunlight Assessments can be used in a number of ways to improve the design of a scheme at all stages in the design process, for example:

In scoping out development potential and identifying specific site constraints;
Assessing daylight and sunlight impacts to surrounding properties ;
Quantifying daylight and sunlight provision inside proposed dwellings;
Fulfilling the requirements for the Code for Sustainable Homes, BREEAM and the “Mayor of London’s Supplementary Planning Guidance for Sustainable Design and Construction.”
Through detailed numerical analysis Marc Newton Associates can help to ensure that these criteria are achieved, and by calculating the illuminance incident on a surface within each room, it is possible to assess these values against the recommended lighting levels for different types of interior space, or specific visual tasks.

We specialise in creating Rights of Light Planning Analysis to assist you in your planning application. We accurately trace the sun’s path over your proposed buildings so as to generate a true illustration of the shadows it will cast and what effect (if any) it will have on adjacent buildings.

We can do this for any time, day and month of the year, although we typically choose a number of key days in a year and work from their. These are the winter and summer solstice and the spring equinox. This will give you a range of images that depict how the shadows will fall during the year.

OTHER MARC NEWTON ASSOCIATES SERVICES

Our commitment to each project is based on a close client relationship involving trust and flexibility, bound by professional service.

PARTY WALL PLANNING & DESIGN