isurv

HKRUK settles rights of light dispute

HKRUK settles rights of light dispute

Friday, 1st April 2011

HKRUK II (CHC) has settled its dispute with neighbouring property owner Marcus Heaney.

In the original case, Heaney won an injunction forcing HKRUK to take down part of a newly-built two-storey extension to one of its office buildings in Leeds, as it infringed on his rights of light.

The judgment was a concern, as it shows that such claims can be won even when the plaintiff's financial loss is relatively minor. This is expected to increase the number of objectors to development schemes and cause delays.

Now the case has been settled, rather than being heard and possibly over-turned at the Court of Appeal, the judgment stands.

Local authorities can still override such claims if a development is of a wider economic benefit to the area under the Town and Country Planning Act.