Swan fights £300,000 damages claim from BT
A housing association has been issued with a ‘pay up or knock down’ ultimatum by BT over claims two of its housing developments have robbed the telecom giant’s offices of light.
In the latest in a series of ‘right to light’ cases affecting landlords, Swan Housing Association has become embroiled in a High Court battle over two affordable housing schemes in Ilford, north east London.
BT and two companies - Autumn Window and Autumn Window No 2 - that also have financial interest in the 10-storey Mill House office block, claim Swan owes damages of £300,000 for ‘substantial loss of light’.
They claim this is a result of the development of the adjacent 12-storey, 56-home Roding Court scheme and the six-storey, 34-home Redstart Mansions. A planning application for Redstart Mansions was made in September 2003 before the development was completed in July 2006. An application for Roding Court was first submitted in July 2006 and works completed in April 2009.
In a writ issued at London’s High Court in October, the three companies claim ‘the Court has the jurisdiction to award the claimants a mandatory injunction requiring the removal of those parts of Roding Court and Redstart Mansions which have caused such interruption’.
In its defence lodged with the High Court, Swan admits that light has been reduced as a result of the developments but it denies that this was substantive. Swan also denies it owes damages to either company.
The 10,000-home association said it was advised by right to light expert Peter Defoe that, while light would be reduced, ‘the overall level of light will be sufficient within the accommodation [Mill House]’.
Its defence document argues: ‘The claimants knew or ought to have known of the planning applications and of what they would entail in terms of height of the proposed structures as well as the implications thereof for the light likely to be received by the claimants’ building following construction.’
It adds that BT did not protest or object during the planning process, the works or after the works until 14 October 2010.
A spokesperson for BT confirmed it was in dispute with Swan but added: ‘As the matter is currently the subject of legal proceedings, and therefore before the court, BT isn’t able to comment.’ Swan declined to comment.
Right to light explained
- The right to light is the right to receive natural light across someone else’s land into a window or other opening
- The right may enable landowners to prevent construction that would interfere with their rights (eg if a new building will block the light) or, in some cases, to have a building demolished
- Where a development has taken place, but a court does not order its demolition, the court may award substantial damages
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