Michael Ney of McBains Cooper Property Ltd, London, surveyed properties in York Road, opposite Telephone House site, Tunbridge Wells

The Statement regarding Rights of Light


From:
McBains Cooper Property Ltd
3 Cavendish Square
London W1M 9HA
Tel: +44(0)20 76120700 - Fax: (0)20 7612 0701
website: http://www.mcbainscooper.com

To:
Mrs P. Lobo
40 York Road, Tunbridge Wells TN1 1JY



13 August 2002

Telephone House Redevelopment and York Road

Further to my letter of 8th August

[ " In terms of the common law rights, I have made some, admittedly, very approximate calculations but these do seem to show a diminution in well lit area in your two sitting rooms that falls below 50% well-lit area. This would, if it turns out to be the case in detail, give rise to a cause of action against the developers that might cause them either to abandon part of the scheme or to modify it if they are to avoid the risks of an injunction.
You will understand that I cannot be definitive about the situation at present but it does seem that there is good reason to make some more precise assessments to ascertian whether there is enough injury to mount an action. The houses particularly affected appear to be 38 to 44, other houses in the road suffering a loss but probably not sufficiently to found an action. " ]

I have now got the accurate Ordnance Survey plan and from this have formed a 1:500 drawing by photographic enlargement. This has given me a better feel for the daylight reduction, which is slightly worse than the figures I was working to based on the various photocopies drawings and plans.The results are that the vertical sky component is reduced from 32.8 to 21.24 %.

I have refinded the position of the 0.2% contour line in your and Annemarie (Topliss - No. 42 York Road) sitting rooms and this shows that the well-lit area will fall to around 41%. This would, in general give rise to an actionable injury and the only real remedy in residential terms, is for an injunction.

Clearly, Schatunowski Brooks have done a detailed assessment of the effects of their proposals and I would suggest that, in the light of this preliminary information, that I write to Mr Absolon on your behalf, advising him that we consider that actionable injuries will be caused and that we do not consider that a money payment can adequatedly compensate for this injury. This may flush out more information that the other side have prepared to help us decide exactly what to do.

I look forward to hearing from you.

Michael A. Ney
For and on behalf of
McBains Cooper Property Ltd.



The rights of light and loss of light issue

The Telephone House Neighbours Association informs on CALA Homes (South) Development :
CALA Group acquired the controversial planning permission for the high density development of Telephone House site, Church Road / York Road, Tunbridge Wells, TN1, Kent.