In March of this year we updated you on the settlement of the
Heaney case. This concerned an injunction obtained by a neighbour,
requiring two floors of a commercial building in Leeds to be
removed because they infringed the neighbour's right to light.
This was seen as a blow to developers who are concerned that the
decision will cause increased uncertainty and an escalation of the
costs of development.
The Law Commission announced this week that they
are to investigate whether the acquisition and enforcement of
rights to light are appropriately balanced between those benefiting
from the rights and those proposing development. The scope of the
Law Commission's investigation will also consider the
inter-relationship between rights to light and the planning
system.
The investigation is to commence in early 2012 with a consultation
paper being published the following year.
A review of the law surrounding rights to light will be most
welcome by developers who have long said rights to light can be a
hindrance to development. Whether the Law Commission's findings
result in a change to the current law and how long before the law
is changed remains to be seen.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 22/07/2011.
