London tower faces demolition over right-to-light disagreement

The residents of a CZWG-designed housing block in Bankside, London, are seeking an injunction to protect their right to light from the developer of a PLP Architecture-designed office tower.

Stephen and Jennifer Powell, who live in a sixth-floor apartment within the Bankside Lofts tower (pictured), believe that the recently built 18-storey Arbor tower has overly limited their daylight.

"The claimants will have been denied their right of light"

Developer Ludgate House is contesting the claim.

"Mr Cooper, who chose his flat for its phenomenal light, places considerable value, as do his family, on the light he receives in a dwelling, not just for simple illumination but for the well-being of those who reside there," wrote the resident's barrister Tim Calland in a submission to the high court, according to a report in The Times.

"Mr Powell, who has had his residence at Bankside Lofts for over 20 years, chose the flat over those with better views because it was flooded with light."

"The only way to vindicate the claimants' right of light – to preserve that access to adequate light – is with an injunction," he continued.

"If an injunction is refused, the claimants will have been denied their right of light and the defendant will have taken something for nothing."

"The claimants' objective is not the demolition of Arbor"

The Arbor tower, which opened in 2023, is the first of eight towers set to be completed as part of the ongoing £2 billion Bankside Yards development.

The distinctive, yellow Bankside Lofts development was built next to the Bankside Power Station, which became the Tate Modern art gallery, in 1998.

 

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Arbor tower was completed in 2023

The couple and Kevin Cooper, a resident on the seventh floor, are seeking an injunction that will require the developer to alter the designs of future towers set to be built as part of the Arbor development, give compensation, or, as a last resort, demolish the building.

"The remedy that the claimants seek is an injunction preventing the retention of Arbor in such a way as to cause a nuisance," continued Calland.

"The claimants' objective is not the demolition of Arbor if that can be avoided. They have always said they would accept alterations to the rest of the development as a means of restoring their light."

"An injunction would only involve the demolition of Arbor if the defendants wanted it to," he told the judge.

Other blocks paid "modest" amounts of compensation

Ludgate House, the co-developer of the Arbor tower, is fighting the lawsuit, arguing that it doesn't block enough light to validate the claim.

The developer's legal team told the court that the reduction in light caused by building the tower was "not such as to substantially interfere with the use or enjoyment of the flats and as such is not an actionable nuisance".

In response to concerns raised by the residents over being able to read in bed, the developer's lawyers suggested the use of an "electric light".

Ludgate House's legal team also revealed that it had settled other right-to-light claims with buildings surrounding the development for "modest" amounts of compensation.

They argued that tearing down the tower would be a "gross waste of money and resources" and went on to claim that the residents were using the case "to seek to extract a ransom payment".

PLP Architecture and Ludgate House have been approached for comment.

The housing block almost next door was also subject to a long-running  legal dispute, with residents of the Neo Bankside flats claiming that the viewing platform on the Tate Modern extension was invading their privacy.

It saw the UK's Supreme Court rule in favour of the residents in 2023 – determining that the viewing gallery prevented residents from enjoying their homes.

Following the news, Dezeen rounded up ten buildings that have been involved in legal battles.

The image is courtesy of Shutterstock.

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