Rights of light Case Summary

Rights of Light News: Powers to override rights of light

The newly-extended planning regulations that will allow planning and other statutory authorities the power to override rights of light and other easements and covenants have now come into force much sooner than expected. 

It had been anticipated they would be brought in later in the year, but on 11 July 2016, and much earlier than expected, the Secretary of State made the Housing and Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016.

This has taken effect from 13 July 2016 and has now abolished the old powers under section 237 of the Town and Country Planning Act 1990 and replaced them with the new, wider powers under section 203 of the Housing and Planning Act 2016.

For a summary of these new powers and their implications for rights of light, please see our previous article: Overriding easements and other rights with the new Housing and Planning Act 2016 The Housing and Planning Act 2016 is available online here.

For more information, please contact:

Lance Harris, Senior Director

Stephen Mealings, Senior Director

Matthew Grant, Director

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