Homeowner granted declaration asserting right to light

A homeowner who objected to proposed building work next to his property has been granted a court declaration asserting his right to light.

The issue arose when the homeowner discovered that his next door neighbour had been granted planning permission for a two-storey extension. The homeowner obtained a surveyor’s report stating that the development would infringe his right to light.

The neighbour disputed the findings. This led to a disagreement lasting three years in which extensive correspondence passed between the two sides. The neighbour eventually undertook not to begin work without giving 14 days’ notice.

The homeowner wanted to resolve the issue once and for all and sought a court declaration asserting his right to light. The neighbour argued that such a declaration would be pointless as there was no imminent prospect of building work commencing.

The court held that the neighbour’s undertaking to give 14 days’ notice could not be said to have ended the dispute. At best, it had merely put it on hold. In those circumstances, it would serve a useful purpose to grant the declaration asserting the homeowner’s right to light as it would bring resolution and finality to the issue. 

Please contact Mark Oakley on 7337 if you would like more information about the issues raised in this article or any matter relating to neighbour disputes and protecting your property.

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