Rights to Light
Property developers and property owners should be aware of the fact that even after a development has been granted planning permission, it can be opposed on the grounds of rights of light. This presents an additional risk for property developers, and an additional weapon for property owners. Generally the courts would act to uphold the rights of residential owners more stringently than commercial owners, so that residential properties can be a strong constraint on the extent of development. However, owners of any property, commercial or residential, can constrain development if they can demonstrate they have rights which have been infringed. To this end, we can produce site envelopes defining the 3D space which can be developed without infringing any rights of light.