Town centre regeneration around Kingston station sits alongside Edwardian and Victorian housing across Kingston, Surbiton, New Malden, and Chessington, with suburban housing throughout the borough and Kingston riverside redevelopment. Almost all the older stock carries windows that have received natural light for well over the 20-year easement threshold under the Prescription Act 1832, which means town centre redevelopment, mid-rise residential schemes, and conversion projects all routinely raise rights of light questions. Royal Borough of Kingston upon Thames planning consent does not address that legal position.
We act on Kingston upon Thames schemes from the London head office, with reach across Kingston, Surbiton, New Malden, and Chessington, supported by colleagues in Essex and Hampshire. CHP is RICS regulated and has been advising on rights of light since 2004. The London team handles this work with specialist focus, and where rooftop or upper-floor work is in play we can bring in airspace development advice.
The right time to instruct is early, before drawings go in for planning consent. On a Kingston upon Thames 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 under the Prescription Act 1832, and a full rights of light analysis follows using specialist software where the appraisal flags a real risk.
Where the modelling shows likely infringement, the cutback analysis tests design variations including reduced height, set-back upper floors, and adjusted fenestration until the scheme works for both the planning case and the rights of light position. The Equivalent First Zone and the 50/50 rule are applied to quantify any loss. Our rights of light assessments overview sets out the broader method for design teams new to the area.
Adjoining owners in Kingston upon Thames have several options when faced with a nearby development that threatens the light through their windows. We assess the impact of the proposed scheme on the affected rooms, advise on the strength of the legal position under the acquired easement, and set out the available remedies including negotiation, formal objection to the Royal Borough of Kingston upon Thames, and ultimately court action where matters cannot be resolved between the parties.
Light Obstruction Notices can also be used to protect future development potential of the adjoining owner's own property. For developers, the same early assessment work avoids surprises during construction. Most Kingston upon Thames schemes also call for daylight and sunlight reports as part of the same planning submission.
