A homeowner has scored a landmark legal victory by stopping a developer from infringing his right to light.
The Court of Appeal granted Denis Regan an injunction to prevent developer Paul Properties from completing its mixed-use development in Brighton, as reported by Property Week in an article by Mark Shepherd published on their website.
Regan claimed the construction of a penthouse flat would reduce the light flowing into his living room by 40%. In July, the High Court said Regan was only entitled to compensation and that the development could go ahead.
However, Lord Justice Mummery said that an injunction should be granted instead: "In these circumstances I do not regard it as oppressive to the defendants or unreasonable or inequitable to allow the appeal and to grant an injunction to protect Mr Regan's right to light."
