28/10/2026
Right to light disputes are a good example of where planning law and private property rights can be confused.
Planning departments may use assessments such as the 45-degree rule when considering whether a proposed development affects neighbouring light.
But this is not the legal test for a private right to light.
A right to light can exist as an easement, so a development may raise issues separate from whether planning permission has been obtained.
Light Obstruction Notices also have a specific legal role. Rather than simply notifying a council about a development, they can interrupt the period through which a neighbouring owner might acquire a right to light by prescription.
If development is likely to affect neighbouring property, understanding the different planning and property-law issues early can help reduce the risk of a later dispute.
Learn more from our team: https://bit.ly/4yp0Hqs