The client instructed Counsel, Mr. Samuel Okoronkwo, to advise on a proposed development in their local area that had raised significant concerns among neighbouring residents. The development, which resembled a previously approved application, included structural changes believed to obstruct natural light and diminish the character of surrounding properties. Historical correspondence and planning documents were reviewed to assess the client’s position.
The client raised objections regarding the loss of light, excessive building height, and potential breaches of local planning policy. The discussion focused on the distinction between planning obligations and private legal rights, particularly the acquisition of a right to light as an easement. Counsel explained that while planning authorities assess light impact from a regulatory standpoint, legal remedies, such as injunctions or damages, may be available if an easement is infringed. The client also queried the role of building regulations and the possibility of judicial review, given concerns about procedural impropriety and policy breaches.
Mr. Okoronkwo advised that building regulations would follow once planning consent was granted and were unlikely to prevent development. He outlined the legal framework for pursuing a right to light claim, including the potential for injunctive relief or damages, and stressed the importance of timely action. The client was encouraged to identify specific breaches of planning policy and consider a strategic approach, including the drafting of a formal legal letter to assert their position. Judicial review was discussed as a viable option if planning approval was granted, with emphasis on reviewing all relevant policies and demonstrating procedural unfairness. The meeting concluded with the client intending to revisit council policies and await the outcome of the planning committee decision.
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