Rights to light and air are not something that the planning process generally takes into account - at least not in the way that those rights are protected in title deeds to property. It's perfectly possible for a planning authority to grant planning permission only for the property owner not to be able to carry out those works because he finds out that his proposed building works would interfere with the existing light and air to the neighbouring property.
Until now, though, it has always been assumed (especially in relation to commercial property - the courts having always taken a slightly different tack with residential property) that if the neighbour didn't complain about the infringement of his rights before the building work was carried out, his only remedy was to damages for loss of amenity - the view of the courts being that it was unfair to make someone take down a building that was already completed.
However, a recent High Court decision seems to have turned that on its head!
The court awarded an injunction against a developer whose development interfered with the rights of light to a neighbouring commercial property, despite the development having been completed.
In the past, developers may have assumed that they could simply buy rights of light out from the neighbouring land owners after completion of the development if necessary. It would seem that they must now start to think slightly differently!
