Why Timing is Everything

It has always been the case that timing is everything when it comes to Daylight, Sunlight and Rights of Light considerations for a proposed development. This article serves as a reminder to our developer clients that if you are looking at a prospective site or have a site that you are considering developing, it is imperative that you consider the Daylight, Sunlight and Rights of Light impacts to your neighbours at the very earliest stage.

We find that developers tend to give consideration to Daylight and Sunlight at an early stage owing to its importance in the planning context. The legal matter of Rights of Light, on the other hand, is often put off, with developers sometimes believing that they can wait until they have achieved planning permission before investing in Rights of Light advice in earnest. Or, in a recent example of a site that had no Daylight and Sunlight requirement for planning owing to the nature of the surrounding properties, the developer came to us having realised too late that they needed to consider Rights of Light. We’re here to say that it is critical that our developer clients adopt a proactive approach and always give consideration to Rights of Light from the outset. Why? Because Rights of Light can present one of the most significant constraints to the development of a site.

It is rare for Rights of Light not to present a challenge in the development process; particularly in connection with sites in dense urban areas. It follows that where there are Rights of Light implications of a development, our developer clients are required to invest considerable time, resource and expertise, as well as a financial budget for implementing and concluding a mitigation strategy. With time being of the essence in property development and the added pressures of an increasingly litigative climate, it is essential that developers begin investing in this subject long before they want to begin construction.

With a wealth of experience in looking at sites and quickly offering a professional view as to the potential opportunities and constraints for development (subject to later detailed technical analysis, of course!), getting advice from Century Associates on the subject early can add significant value to our clients’ development projects.

Please do not hesitate to contact us at enquiries@century-associates.co.uk, or on 07554 939 187, for advice.