Planning matters

As a specialist in the field of natural light analysis for property development, I’ve spent over 20 years navigating the intricate relationship between rights of light and modern urban development. While it might sound like a niche subject, rights of light plays a critical role in shaping how we design buildings, how developments impact their surroundings, and even how legal disputes are resolved. It’s an issue that’s crucial for both developers and architects—and one that has significant implications for the future of urban settings.

In this blog, I’ll share some of the key aspects of my work, the tools we use to carry out these analyses, and why I’m so passionate about ensuring that we develop light-sensitive and efficient spaces in our cities.

Firstly, what are rights of light. In simple terms, rights of light refers to the legal right that a property owner has to receive natural light into their space. When a new development is proposed, especially one that could block existing light, the property owners of neighbouring buildings may have the right to challenge the development if it significantly reduces the amount of light they currently receive.

We create computer models to simulate the existing scenario, the proposed scenario, and how neighbouring buildings are impacted. We analyse how much light was received before and how it would be affected once the new development is in place. This model helps us identify potential risks to neighbouring properties and ideally prevent any light-related disputes before they escalate.

The technical side of rights of light analysis has come a long way over the years. Computer simulations are used to assess light levels. The traditional calculation is quite straightforward: If a room loses light such that less than 50% of its area that can see o.2% of the sky a rights of light injury may be present.

However, the courts have shown flexibility with this rule, especially when it comes to residential properties. The legal gray area between 50% and 60% light retention can be tricky to navigate, and while it’s not a hard-and-fast rule, it’s a starting point for negotiations. That’s where the art of arbitration comes into play—especially if you're dealing with proactive developers who want to find a solution that works for everyone.

In recent years, there have been major updates to the way daylight within properties is tested, especially for proposed developments. The 2022 changes introduced new guidelines that allow for more granular analysis of how much natural light will enter a room. We can now test daylight levels by considering factors like seasonal variations (for instance, how much light will enter a room in summer versus winter), the impact of trees or nearby buildings, and much more.

This technological leap is transforming how we understand daylight. But here's the rub—rights of light is still handled the traditional way, focusing on light loss and legal disputes, rather than integrating newer methods that could potentially show if there’s truly a nuisance caused by light loss. While modern daylight analysis helps us understand light distribution and impact, rights of light disputes still rely on older methods and often, the courts tend to fall back on the traditional standards.

There’s an opportunity here to rethink how we approach rights of light. By blending modern daylight analysis techniques with rights of light testing, we could potentially streamline the process and make it more reflective of the true impact of light loss.

It’s important to note the distinction between daylight and sunlight issues, which are planning matters, and rights of light, which are private legal matters. In a planning context, developers are often required to show how their proposed developments will affect the amount of daylight and sunlight in neighbouring properties, especially for residential buildings. This is assessed using guidelines like the British Standard (BS (EN) 17037), which sets out daylight targets for new developments.

However, rights of light is a different beast altogether. It doesn’t factor into the planning process and is purely a private matter between the property owner and the developer. While planning officers may care about the effect a new development will have on natural light to neighbouring properties, they won’t take rights of light disputes into account during the planning process.

It’s a tricky area, as these two aspects often overlap, but as a rights of light specialist, it’s important to differentiate the two and approach them with the appropriate legal and technical considerations.

Now, some of you might be wondering, “Why does Toby seem so passionate about rights of light?” The truth is, the best part of this work for me is the problem-solving. I’ve had the privilege of working with developers who are willing to roll up their sleeves and get involved early on in the process to mitigate rights of light risks. Whether it’s tweaking the design, adjusting the height of a building, or negotiating settlements, there’s a real satisfaction in knowing that the final design is both functional and legally sound.

Over the years, I’ve had the opportunity to work on some amazing projects where the shape and design of the building were directly influenced by natural light considerations. You might walk past a rounded building or an oddly shaped structure and never know that its unique design was a result of light analysis. It’s these kinds of challenges that excite me—the chance to work with developers, architects, and planning teams to create spaces that are not only aesthetically pleasing but also function well in terms of light distribution.

As urban areas continue to grow and buildings become taller and more complex, the right to light will play an increasingly important role in the way we design, build, and navigate legal challenges. Modern technology has the potential to revolutionize how we analyse light in our built environment, and we’re already seeing changes in the way daylight is assessed.

However, when it comes to rights of light, there’s still work to be done. It’s a fascinating area of property development, one that requires a blend of legal expertise, technical skill, and creative problem-solving. I look forward to the future of light analysis and how we can continue to innovate to ensure that our developments are both light-friendly and legally compliant.