PROJECTS
PROJECTS
NEWS & INSIGHTS
RIGHTS OF LIGHT:
INTERIM INJUNCTION REFUSED
In Handston Investments Limited v Abry Group Limited, the judge dismissed an application for an interim injunction to stop a developer's building works even though the new building would cause an interference based upon the traditional Waldram method for analysing rights of light, the neighbour had been prepared to give a cross-undertaking in damages and the developer was not prepared to stop work.
We are pleased to announce that Rhodri Adamson has joined Consil as an Associate Director.
Rhodri brings a wealth of experience in neighbourly matters, specialising in access agreements and party wall advice for both developers and neighbours.
EVIDENCE HELPS
CLIENTS WIN APPEAL
On 24 May our clients, TT Group, were granted consent in their appeal against the decision of Watford Borough Council made on 17 May 2023.
TTG proposed to build a five-eight storey building of 89 self-contained flats on the site at Wellstones, Watford, currently a grade car park.
The government has announced wide-ranging plans to meet their housing targets particularly an increase in the development of brownfield land which will include a review of the London Plan and changes to the National Planning Policy Framework ('NPPF') it has proposed that paragraph 129(c) of the NPPF would be changed.
We are thrilled to announce a significant addition to the Consil team. Ciaran Conneely has joined us as the new Party Wall Director, bringing with him a wealth of experience and a remarkable track record in Party Wall and Neighbourly Matters, which will further strengthen our position as a leading Rights to Light, Daylight and Sunlight, and Party Wall Surveying firm.
It was reiterated in the case that the ‘ordinary use of land’ is privileged, so it can never be a nuisance. In this case, the creation of the viewing gallery, visited by an estimated 500,000 - 600,000 visitors per year, many of them seemingly intent on looking into the NEO Bankside Flats with binoculars or recording the neighbours and the neighbouring building with smartphones, was considered extraordinary.
After 11 years, the Building Research Establishment (“BRE”) has updated the guidelines on site layout and planning for daylight and sunlight.
The new 2022 edition was published in June this year and has superseded the previous 2011 version.
Uncertainty Remains after Developer Refused Permission to Appeal Against a Ruling by the Court of Appeal
The Court of Appeal has refused Florala Properties Limited permission to appeal against the High Court judgement in their case against Beaumont Business Centres Limited which was decided in the High Court last year.
