Anstey Horne

Powers to override rights of light

Rights of light Case Summary

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. 

The regulations that give the power to statutory bodies to override rights of light had been anticipated for later in the year. On the 11 July 2016, much earlier than expected, the Secretary of State brought in the Housing and Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016.

The new regulation take effect from 13 July 2016 and have now abolished the old powers under section 237 of the Town and Country Planning Act 1990. They have been replaced 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 : Powers to Override rights of light, easements and other rights with the new Housing and Planning Act 2016. The Housing and Planning Act 2016 is available online here.

For advice on Rights of Light direct from one of our surveyors, please call our Enquiry Line on 020 4534 3138.

If you would like us to call you, please fill in our Contact Us form and we will call you back.

For more information on rights of light or section 203 of the Housing and Planning Act 2016, please contact:

Rebecca Chapman

Rebecca Chapman

BSc (Hons) LLB

Senior Director

Rights of Light

Matthew Grant

Matthew Grant

BA (Hons) MScLL

Senior Director

Rights of Light

Stephen Mealings

Stephen Mealings

BSc (Hons) MRICS

Senior Director

Rights of Light + PW