Neighbours Seek Mandatory Injunction: Rights of Light Dispute Playout out in Court

rights of light dispute - bankside lofts

A significant rights of light dispute is taking place in the courts between claimants Stephen and Jennifer Powell, residents of Bankside Lofts, and the developers of the Arbor Tower, a 19-storey office building in London

Significant Rights of Light Dispute

The Powells, along with their neighbour Kevin Cooper, are suing the developers. The claim being that the new building significantly reduces the natural light in their £1 million flats, affecting their quality of life and daily activities. They seek an injunction either to modify the building or demolish it entirely. They are arguing that their right to light has been infringed upon.

The developers, who have engaged in negotiations with other affected residents, argue that the light reduction is minimal and does not significantly impact the use of the flats. They suggest that the Powells could simply use artificial lighting as a solution, and have emphasised the broader public interest of the building, which is part of a wider development for the area.

This case echoes a previous rights of light dispute, a 2023 Supreme Court ruling in favour of residents in a visual intrusion case against the Tate Modern. This highlights the increasing importance of right to light issues in urban development.

Consideration for New Developments

The dispute also underscores the importance of carefully considering the impact of new developments on neighbouring properties. The outcome may provide a landmark judgement on key concerns for developers and neighbours alike – including the financial and legal ramifications of claims on buildings that have already been constructed. It may also impact the court’s current thinking on what constitutes a rights of light infringement and the potential relevance of artificial lighting. For developers, ensuring proper engagement and compensation strategies are in place is crucial to mitigate the risks associated with third party rights of light disputes.

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