New Rights to Light Proposed - Consultation Commences

With thanks to Herringtonconsulting.co.uk 

The Law Commission has started consulting on significant changes to the legal regime surrounding rights to light. At this stage the proposals are provisional but the organisation has stressed that the Commission’s final recommendations to the Government will be strongly influenced by responses.

The four provisional proposals are:

• in the future it should no longer be possible to acquire rights to light by prescription
• a new statutory test is proposed to clarify the current law on when courts may order a person to pay damages instead of ordering that person to demolish or stop constructing a building that interferes with a right to light
• new statutory notice procedure is planned requiring those with the benefit of rights to light to make clear whether they intend to apply to the court for an injunction (ordering a neighbouring landowner not to build in a way that infringes their right to light), with the aim of introducing greater certainty into rights to light disputes
• a move to allow the Lands Chamber of the Upper Tribunal to be able to extinguish rights to light that are obsolete or have no practical benefit, with payment of compensation in appropriate cases, as it can do under the present law in respect of restrictive covenants.

The Law Commission said: “This project investigates whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.

“It considers the interrelationship of rights to light with the planning system, and examines whether the remedies available to the courts where rights to light are infringed are reasonable, sufficient and proportionate.”

The Commission stressed it wants to introduce “greater certainty and transparency into the law as it relates to rights to light, making disputes simpler, easier and quicker to resolve”.

It also made it clear that it wants to ensure that rights to light do not act as an unnecessary constraint on development: “The availability of modern, good quality residential, office and commercial space is important to the success of increasingly dense, modern town and city centres and to the economy more generally.”

Read the Department for Communities and Local Government news release.

Access the Law Commissionconsultation.

Originally posted on The Planning Portal

Changes Ahead for Outline Planning Applications

The requirements for making outline planning applications are due to change in July. Hurrah!!

As for so much of town planning the world is coming full circle again and we are returning toward the days of the ‘red-line’, in-principle, planning procedure of old. (Well, I’m old enough to remember it at least!!). The sense of déjà vu is almost overwhelming.

Or are we?

Article 4 of the Development Management Procedure Order provides that where layout is a reserved matter in an Outline Planning Application, the application must indicate the approximate location of buildings, routes and open spaces. Where scale is also a reserved matter; the application must state the upper and lower limit for the height, width and length of each building etc.

An amendment to the DMPO will remove the requirement to provide these details at the outline stage where layout and scale have been reserved.

For applications on or after 31st July 2013 the only requirements which are to apply to a particular planning application are those on a ‘local list’ which has been published within 2 years before the planning application is made.

Now of course, it is open to the Local Authority to list all those things in their Local List that would have been required previously. But this would go against the spirit of the change and not overcome the real issue; which is that it costs a small fortune to satisfy all those blessed validation requirements for a scheme that may not achieve consent in principle.

As the Government endevours to speed up the planning process – particularly for housebuilding - the simple expedient of dealing with straighforward outline applications (rather than detailed applications masquarading as outline) must be a good move.

Members of planning committees wedded to seeing everything, including the kitchen sink, from the outset are going to have to bite down hard on their committee agenda’s, but they should not be affeared. They have subsequent opportunities to rail on about fenestration, ridge heights and brick choice at the detailed stage.

The trouble is, I can see planning departments being ‘encouraged’ to include everything in their Local Lists to avoid any risk of detail design being wrested from the clutches of Members by the simple expedient of delegated decisions.

Let’s use the Outline Planning Application as it was originally intended; i.e. just that. A decision in principle for a use of land, followed by detailed applications that can happily resolve all the minutii of development without the cost and risk that the scheme may never fly.

Or am I being naive? The deluded ramblings of an ancient planner. We'll see.