Partner Paul Greatholder has been quoted in an article in Property Week which examines recent rights-of-light case law. The article spotlights the City of London Corporation’s blockage of an injunction to halt its ‘Justice Quarter’ development works. The injunction had been brought about by neighbouring building owners under rights-of-light grounds.
In reference to section 203 powers to block an injunction under the Housing and Planning Act 2016, Paul discusses the inevitable conflicts arising from the growing trend of building vertically in an increasingly densely populated landscape. He highlights the issues for developers in rights-of-light cases, where the outcome may involve either halting construction or financial settlements. Despite developers' willingness to compensate affected parties, Paul notes instances where even generous offers fail to sufficiently resolve the dispute.
The problem for developers is that under the rights-of-light case law, they are never quite sure if they are going to be told to stop work or be obliged to pay some money. Most developers accept that they will need to pay [a form of compensation to affected building owners] and it is about the commerciality of the development process. The difficulty is that over the years, there have been some cases where even if generous offers were made, they weren’t enough.
The full article is available to read online at Property Week, by subscription only.
Paul Greatholder is a partner in the housing and property litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.
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