Overriding easements and other rights

Copyright © 2025 LexisNexis

Published by a LexisNexis Planning expert

Practice notes

Overriding easements and other rights

Copyright © 2025 LexisNexis

Published by a LexisNexis Planning expert

Practice notes

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Introduction

Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection with development. HPA 2016, s 203 came into effect on 13 July 2016 and extended and replaced the powers set out in section 237 of the Town and Country Planning Act 1990 (TCPA 1990). It applies in England and Wales.

HPA 2016, s 203 (and its predecessor, TCPA 1990, s 237) has been relied on in high-profile developments to overcome rights of light and other easements or restrictive covenants threatening to prevent projects from progressing. In practice, where a particular development programme is at risk due to the inability to agree the release of certain rights, developers have requested that the local authority intervenes by using its powers to appropriate or acquire the development site (or part of it) to then trigger the power in HPA 2016, s 203. Once the site (or part of it) has been appropriated or acquired, engaging section 203, the local authority can transfer the site back to the developer

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Jurisdiction(s):

United Kingdom

Key definition:

Rights of light definition

What does Rights of light mean?

A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.

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