ROL News: Powers to override rights of light have come into force sooner than expected

The newly-extended planning powers that will allow planning and other statutory authorities to override rights of light and other easements and covenants have now come into force. 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 at http://www.legislation.gov.uk/ukpga/2016/22/contents/enacted

The Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016 are available onine at http://www.legislation.gov.uk/uksi/2016/733/contents/made

For more information, please contact:

Lance Harris, Director, lanceharris@ansteyhorne.co.uk

Matthew Craske, Director, matthewcraske@ansteyhorne.co.uk

Heather Schöpp, Director, heatherschopp@ansteyhorne.co.uk

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