How can developers override private rights of light under s 237 of the Town & Country Planning Act 1990, ask Andrew Francis & Dilpreet K Dhanoa
The world of building development seems to have emerged from the depression caused by the 2008 financial crisis into the broad and sunlit uplands of activity. But, a major inhibition on development can be the presence of private rights asserted against the development site. These can be hard to overcome, and the price to release them and the cost of delay while terms are negotiated may be unacceptable. These rights will include private rights of way, rights of light and restrictive covenants. The first two are more problematic than the third, because the third will usually be within the jurisdiction to discharge, or modify covenants under s 84(1) of the Law of Property Act 1925 conferred on the Upper Tribunal (Lands Chamber) (UTLC). There is no jurisdiction to discharge, or modify easements. The proposals in the Law Commission’s Report and Draft Bill on the reform of easements, covenants and profits-à-prendre published in June 2011 (Law Com No.
