The four town centres of Sutton, Cheam, Carshalton, and Wallington anchor the borough, with Edwardian and Victorian housing throughout, conservation areas protecting older streets in Carshalton and Cheam Village, and ongoing town centre regeneration around Sutton High Street. 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. London Borough of Sutton planning consent does not address that legal position.
We act on Sutton schemes from the London head office, with reach across Sutton, Cheam, Carshalton, and Wallington, 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, with most projects requiring daylight and sunlight reports on the same planning submission.
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.
Every Sutton project starts with a free initial assessment of the proposed scheme against the surrounding context. We identify which neighbouring windows are likely to carry the 20-year easement and the points of the proposed massing most likely to cause an issue. A full rights of light analysis follows using specialist software, with the existing and proposed light levels modelled and tested against the Equivalent First Zone and the 50/50 rule for each affected room.
Where modelling shows likely infringement, the cutback analysis tests design variations including reduced ridge heights, set-back upper floors, and adjusted fenestration until the scheme works for both the planning case and the rights of light position. For Sutton that typically means town centre redevelopment around Sutton High Street, mid-rise residential blocks, conservation area infill in Carshalton and Cheam, and rooftop conversions where airspace development advice often runs alongside.
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
An infringement does not automatically stop a Sutton scheme, but it does expose the developer to either an injunction, which can require alteration or in extreme cases demolition of the offending part of the building, or a damages award calculated as a share of the development profit attributable to the lost light. Most matters resolve through negotiation, with a release of rights agreed in return for a settlement payment to the adjoining owner.
Quantifying the position before drawings are signed off gives the design team room to cut back massing, reposition windows, or rework the upper floors at a stage when changes are still affordable. Where settlement is the right route, we handle the negotiation through to a deed of release. A free initial assessment is the fastest way to put a number on the Sutton risk.
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
