Garrison housing and conservation streets in Colchester run alongside large new residential developments at Stanway, Mile End, and the Northern Gateway, with the historic city centre adding period commercial frontages and Victorian terraces to the picture. Across these areas, the majority of existing windows have received natural light for well over the 20 years that triggers the legal easement, so vertical infill, mansard extensions, and new residential blocks frequently raise rights of light issues with the immediate neighbours. Colchester City Council planning consent does not deal with that legal position.
The team works on Colchester schemes from the Wickford office, with backup from colleagues in London and Hampshire. CHP is RICS regulated, has been advising on rights of light since 2004, and has over 30 years combined experience. The local Essex team handles this work faster than London-led practices, and we coordinate with party wall services on the same projects where the Party Wall etc. Act 1996 is engaged.
Using specialist software, we can establish whether a proposed scheme will cause an infringement of the neighbouring properties’ rights of light.
By applying our knowledge on this matter, we are able to provide clear guidance on the best course of action, should an infringement occur.
The right time to instruct is early, before drawings go in for planning consent. On a Colchester project, that means commissioning the free initial assessment at the design stage, when changes to massing, height, or fenestration are still affordable. The appraisal identifies which neighbouring windows could be affected and which look likely to carry the 20-year easement, and a full rights of light analysis follows using specialist software where the appraisal flags a real risk.
Where modelling shows likely infringement, the cutback analysis tests design variations until the scheme works for both the planning case and the rights of light position, applying the Equivalent First Zone and the 50/50 rule to quantify any loss. Most Colchester projects also call for daylight and sunlight reports as part of the same Colchester City Council planning submission, and we run both pieces from one team to keep them aligned. Calls go through to a qualified surveyor rather than a call centre.
I have employed CHP Surveyors on numerous rights of light and party wall matters over the last 10+ years. James, personally deals with all matters, whether big or small, providing comfort that my projects are highly valued and is personally dealt with by their director. James and his team have always worked well and professionally with our client side and contractor side teams, to conclude all matters in a expediate manner on our developments. I would thoroughly recommend CHP Surveyors as a Party Wall and Rights of Light Surveyor.
- Peter Whittingham, Akelius
In most cases, yes. The standard path forward is a negotiated settlement with the adjoining owner, paid in exchange for a release of their legal right to light against the new building. Damages are typically calculated by reference to the share of the development profit attributable to the part of the scheme causing the infringement, and the figure is significantly easier to predict when the position has been quantified at the design stage. Injunctions are rare where rights of light is dealt with properly and early.
Planning consent from Colchester City Council does not resolve the rights of light position, so the legal track has to run alongside the planning track on every Colchester scheme that sits close to existing windows. A free initial assessment establishes the size of the issue before either side commits to a course of action.
Get in touch.
Head Office
2-6 Boundary Row
London, SE1 8HP
Essex Office
2-6 Boundary Row
London, SE1 8HP
020 3714 4090
Get in touch.
Head Office
2-6 Boundary Row
London, SE1 8HP
Essex Office
2nd Floor, 10 High Street
Wickford, Essex
SS12 9AZ
020 3714 4090
enquiries@chpsurveyors.com
