Ask the expert

We have a medium sized Hotel which has fantastic panoramic sea views. Our business and advertising is based on our brilliant location. We have received a notice of planning application from the owners of the building which lies partly in front of us, to demolish the existing flats and re-build more larger flats that will significantly encroach on the stunning views from many of our rooms. We appreciate that sea views are not a right, but our business will be affected considerably. Can you advise?

Answered by our Expert: Helen Headech - Tozers LLP

Published: May 2009

Do we have a right to a view?

When a planning application is submitted to the Council everyone has an opportunity to comment on the proposal, you can do this by letter or via the councils planning website.

Planning law does not exist to protect private property rights. The decision makers will be looking at whether the proposal will have an unacceptably effect on the amenities and the existing use of land and buildings which ought to be protected in the public interest.

If the proposal will have a detrimental affect on your business and that of other businesses' with in the vicinity you could lobby your local councillor to call the application to committee where the debate will be heard in public. You and other interested parties will have the chance to voice your concerns to the planning board members who will take your information into account when making their decision.

Whilst under planning law you may not have the right to a view or light, these rights could exist in property law. Certain rights may have been granted by deed or in the case of light become established by 20 years continuous use or registered under the Right to Light Act 1959.

If such rights do exist and planning permission has been granted for the new development you can apply to the courts for an injunction to halt the development whilst matters are sorted out.

Case law has shown that where planning permission has been given quite legitimately but the development breached private property law the courts, whilst not ordering the demolition of the new building, are willing to awarded compensation to the party suffering loss. In your particular case this could be loss of revenue from paying guests.

If tourism businesses would like to discuss this particular issue in more detail please contact Helen Headech at Tozers LLP:

Tel: 01392 209 595