A retired London couple could face a legal bill of up to £3.7 million after taking a developer to court over a new tower that reduced the amount of natural light entering their home.
Stephen and Jennifer Powell live in a flat at Bankside Lofts in Southwark, next to the 17-storey Arbor tower. They argued that the new building had significantly reduced the natural light coming into their sixth-floor home.
The Arbor tower is part of the £2 billion Bankside Yards development, which is planned to include eight towers. Some of the planned buildings could reach up to 50 storeys.
The Powells, along with their neighbour Kevin Cooper, brought the case to the High Court. They wanted the court to take action over the loss of light, including an order that could have required part of the new tower to be changed or demolished.
The judge agreed that the new building had significantly affected the amount of light reaching the flats. The Powells were awarded £500,000 in damages, while Mr Cooper was awarded £350,000.
However, the judge decided not to order the tower to be demolished. He said doing so could cost more than £200 million and result in significant waste and environmental damage.
The case highlights the importance of the legal “right to light” in England and Wales.
A right to light is a legal right that can protect the amount of natural light entering a property through windows. In some circumstances, the right can be acquired after a property has received light through a particular opening for a long period, usually 20 years. (Source: Daylight Protect)
It does not mean that homeowners have an unlimited right to sunlight or that a new building can never be constructed nearby. Instead, the law can protect certain existing levels of natural light to buildings, particularly homes.
Rights to light can become particularly important in cities such as London, where land is expensive and developers are under pressure to build upwards. A new tower can provide thousands of new homes and offices, but it can also affect the light received by buildings that are already there.
For developers, this creates an important legal and financial consideration. Before constructing a tall building, developers may need to assess how the project could affect neighbouring properties. If a development causes a serious loss of protected light, the developer could face compensation claims or, in some circumstances, an order requiring changes to the building.
This can create uncertainty for large developments because even a small change to the design of a tower can affect its size, number of floors or financial value.
For local residents, the right to light can provide protection against developments that significantly reduce natural light in their homes. Natural light can affect how residents use rooms, as well as the appearance and enjoyment of their property. A significant reduction in light can also affect the value or desirability of a home.
However, right-to-light disputes can be complicated. Courts have to consider the effect on residents while also taking into account the wider consequences of changing or removing a development. A building may have been approved through the planning system but still face a separate legal challenge over rights to light.
This distinction is important because planning permission does not automatically remove a neighbour’s private legal rights. A developer can therefore have permission to construct a building and still face a claim from neighbouring property owners.
In the Bankside case, the judge decided that compensation was appropriate but that demolishing the tower would be disproportionate.
The developers are now arguing that the residents should pay their legal costs, which could total around £3.7 million. Their lawyers say the main aim of the case was to have the tower altered or demolished, and that this part of the claim was unsuccessful.
The residents’ lawyers disagree. They argue that their clients successfully proved that their rights had been affected and were awarded substantial compensation as a result.
The judge has not yet decided who should pay the legal costs. A decision will be made at a later date.
The case illustrates the difficult balance between protecting existing homeowners and allowing cities to build the new homes, offices and infrastructure they need.
For residents, rights to light can offer an important form of protection when major developments are built nearby. For developers, they are an important consideration when planning high-rise projects, particularly in densely built-up areas.
The Bankside Yards development is expected to continue, with further towers planned for the site.