The Law Commission's announcement that it will review the law surrounding rights to light and how they interrelate with the planning system will come as welcome news to developers says Jennifer Chappell, Associate, Bircham Dyson Bell LLP.
The review should deal with the effect of the fall out from the Heaney rights to light case. The Heaney case created uncertainty for developers as they can no longer assume that damages are the only means of recompense for a breach of rights to light, and that removal of the structure is now possible where there is a dispute creating problems for new developments, and potentially holding up construction projects.
"It's long overdue and in the wake of the Heaney case, it really couldn't have come at a better time for the developers," explains Jennifer Chappell.
"There are projects in the City of London that are being slowed by the fall out from the Heaney case; the Walkie Talkie building being one such project - so the Commission's announcement that it will reassess the system and the laws will be music to developers ears.
"Developers are currently relying on local authorities to intervene on a case by case basis by exercising more powers under the Town and Country Planning Act 1990 in order to facilitate development and limit unwarranted compensation.
"But that can't continue forever - the law must be updated and be made clearer so that all parties know the boundaries of what they can and can't do around rights to light."
Many developments, among them several tall buildings
considered vital to the City's international competiveness, had
already been granted planning permission before the Heaney
judgement. The decision to settle outside the courts has left the
future of these buildings hanging in the balance.
"Although it will undoubtedly take at least 2 to 3 years
to bring about a change in the law, it's an excellent small
step in the right direction and gives the developers
hope," concludes Jennifer.
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