Autumn Training Day – Rights of Light – Acquisition, Abandonment & Breach


“Bring Me Sunshine”

The scenario below is based on a development in central London, although it could be set in any other City in England and Wales.


You are asked to imagine that you (the instructing solicitor) are present at the first conference with counsel and the rights of light surveyor, at which the client developer Wise Ltd.(“W”) is present by its Managing Director and W’s Finance and Development Directors and chief legal officer as well as W’s planning consultant. W has just acquired the Site and is contemplating the development set out below. Planning consent is being prepared but no application has yet been made.

You will primarily be examining the case from the point of view of the developer. But because this is a conference about risk, the point of view of the dominant land owner is also of key importance.

It will be assumed that all parties and advisers have had a walk round the site and its environs. It is in a relatively high-class area.

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