NLJ this week: Light dispute sheds clarity on nuisance

The court ruled that light from land designated under s 203 of the Housing and Planning Act 2016 should be excluded from loss assessments, a novel legal point. It also reaffirmed the Waldram method as the standard for measuring light loss.

Despite finding actionable interference from the 19-storey Arbor building, the court declined to order demolition, awarding £3.75m in negotiating damages instead. The judgment provides a structured approach to calculating such damages, rejecting ‘ransom’ logic in favour of realistic, evidence-based valuation. It also offers a ‘sense check’ via capital value loss estimates.

This decision is a significant addition to nuisance law, offering guidance on both new and longstanding issues in property disputes.