Ignore rights of light and a scheme can stall, budgets swell and, in the worst cases, demolition is back on the table. The smart move is to surface risk early and design it out.
Senior Associate Barney Soanes-Cundle (Hollis) explains how rights of light intersects with planning daylight/sunlight, why early briefs matter, and how technology plus industry collaboration can de-risk programmes, protect health and unlock viable schemes without last-minute legal shocks for developers and funders.
Neighbourly Matters should never be an afterthought. Address legal exposures alongside planning from day one so the team can trade intelligently, prove whole-life value and keep delivery moving—not firefighting late—including rights of light.
“In summary, it’s an old English law… about a window receiving light. If you reduce that below an acceptable level, owners can seek damages—or, in extremes, injunctions.” - Barney Soanes-Cundle
Put rights of light into the brief, budget and programme from the start.
Treat planning daylight/sunlight and VSC as human-centred comfort metrics and keep them distinct from legal exposure.
Viability beats jelly-moulds: iterate massing block-by-block, not just to an envelope.
Expect cities to densify; design for overheating risk, shaded courtyards and north-facing respite.
PV/glare is rising: coordinate with airports, neighbours and grid plans before you specify arrays.
A private property right protecting adequate daylight to a window. If a new building drops that below the traditional “acceptable level”, the affected owner may negotiate, claim damages or pursue an injunction. Old tests (e.g., the 50% rule) still dominate case law.
Planning guidance (BRE) assesses comfort and amenity in and around homes; it’s not a legal right. You can pass planning and still face rights of light claims, especially on urban sites with mixed uses and complex ownerships.
Programme drift, costly redesign, premium insurance or, in rare cases, injunction exposure. Managing rights of light early lets clients choose between design change, mitigation, negotiation or measured risk-transfer.
A recent case put modern daylight simulation head-to-head with legacy tests. The court leaned toward the simpler legacy approach, underscoring the need for industry-led standards while we continue to assess rights of light pragmatically and transparently.
Immediately, at concept massing. Map sensitive receptors, run an early scan, and rehearse negotiation positions before pre-app. Treat rights of light as part of the commercial strategy, not a post-planning clean-up.
Objectives that balance design ambition with neighbour impacts and rights of light
A clear testing hierarchy (planning comfort vs. legal exposure)
Escalation routes (design tweaks, deal-making, insurance) with thresholds
Roles for MEP, façade and legal advisors so data and drawings stay aligned
Dense, low-carbon cities demand cooler streets, quieter plant and cleaner air. Plan shaded public realm and dual-aspect where possible; check PV yield against nearby massing and flight paths; and model glare so safety-critical neighbours aren’t surprised.
Commission an early scan of potential rights of light claims and receptors
Align the planning and legal analyses but report them separately
Decide your negotiation/mitigation play early
Document decisions so funders see how rights of light has been managed
We help clients frame outcome-led briefs, integrate planning comfort with legal exposure, and systematise rights of light management, preparing board-ready options so decisions stick. This is the kind of work we support at Darren Evans Ltd. If this resonates with your challenges, let’s talk.
Primary CTA: Listen to the full podcast with Barney Soanes-Cundle.
Secondary CTAs: Explore our Neighbourly Matters support, subscribe to the newsletter, follow us on LinkedIn.
Resources:
Related episode: “Neighbourly Matters in Dense Cities” (podcast link)
Service: Daylight/Sunlight & Neighbourly Matters advisory (service page link)
Guide: Developer brief template for urban massing (download link)
Design for people, decide with clarity—and your next dense urban scheme can move faster with fewer surprises
If this episode sparked questions about how your organisation navigates rights of light, ESG, or net zero strategy:
