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The High Court has awarded a mandatory injunction against a developer forcing them to remove the offending part of a building which infringed the rights of light to a neighbouring commercial property, despite the offending development having been completed.
In this long-running dispute (HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch).) between Highcross, the owner of a prestigious Leeds development, and neighbouring landowner Marcus Heaney, the High Court recently granted an injunction compelling the developer the cut back part of its scheme despite the fact that the area was already completed and let to a tenant.
The decision casts doubt on the conventional view that to obtain an injunction in relation to commercial buildings is difficult, particularly if the development has already been completed.
The decision also highlights that the court is not a “tribunal for legalising wrongful acts” by a party who is willing to pay damages, even in situations involving commercial parties where the developer has kept the neighbouring owner informed in respect of the development and had attempted to negotiate with them.
Amongst the lessons for developers are that they must not assume that rights of light can be bought out after the development has been completed, or that, despite developers taking the right legal steps, the failure of potential right to light claimants to obtain injunctions in a timely manner will prevent them obtaining an injunction in the future.
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